News and Events => Political and Legal News => Topic started by: frances_larina on January 27, 2015, 09:14:50 PM Return to Full Version
Title: First transgender discrimination case to challenge ADA’s constitutionality
Post by: frances_larina on January 27, 2015, 09:14:50 PM
Post by: frances_larina on January 27, 2015, 09:14:50 PM
Pittsburgh Post-Gazette
First transgender discrimination case to challenge ADA's constitutionality
by Saranac Hale Spence
"In the summer of 1989, U.S. senators debating the Americans with Disabilities Act excluded behavior they deemed immoral from the ADA's protections, including "transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders," according to the text of the law.
That portion of the ADA hasn't been challenged until now. Kate Lynn Blatt, a transgender woman who was fired from her job at Cabela's, filed a discrimination suit last summer making claims under both the ADA and Title VII of the Civil Rights Act"
From: http://www.post-gazette.com/business/legal/2015/01/27/First-transgender-discrimination-case-to-challenge-ADA-s-constitutionality/stories/201501260116
Prior analysis:
http://tim.dreamwidth.org/1759598.html
Tim's Journal/8/23/2012
http://www.felgtb.org/rs/3954/d112d6ad-54ec-438b-9358-4483f9e98868/657/fd/1/filename/employment-discrimination-and-the-transsexual-joanna-mcnamara.pdf
by JoAnna Mcnamara
And a historical perspective by Jameson Green, circa 1994:
http://www.hawaii.edu/hivandaids/Tg/Report__Investigation_into_Discrimination_Against_Transgendered_People-ed.pdf
Hawaii.edu/by Jameson Green
Also, from Zoe's site:
http://aebrain.blogspot.com/2011/01/transsexuals-and-ada.html
Published by
A E Brain-BlogSpot.com 1/10/2011
First transgender discrimination case to challenge ADA's constitutionality
by Saranac Hale Spence
"In the summer of 1989, U.S. senators debating the Americans with Disabilities Act excluded behavior they deemed immoral from the ADA's protections, including "transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders," according to the text of the law.
That portion of the ADA hasn't been challenged until now. Kate Lynn Blatt, a transgender woman who was fired from her job at Cabela's, filed a discrimination suit last summer making claims under both the ADA and Title VII of the Civil Rights Act"
From: http://www.post-gazette.com/business/legal/2015/01/27/First-transgender-discrimination-case-to-challenge-ADA-s-constitutionality/stories/201501260116
Prior analysis:
http://tim.dreamwidth.org/1759598.html
Tim's Journal/8/23/2012
http://www.felgtb.org/rs/3954/d112d6ad-54ec-438b-9358-4483f9e98868/657/fd/1/filename/employment-discrimination-and-the-transsexual-joanna-mcnamara.pdf
by JoAnna Mcnamara
And a historical perspective by Jameson Green, circa 1994:
http://www.hawaii.edu/hivandaids/Tg/Report__Investigation_into_Discrimination_Against_Transgendered_People-ed.pdf
Hawaii.edu/by Jameson Green
Also, from Zoe's site:
http://aebrain.blogspot.com/2011/01/transsexuals-and-ada.html
Published by
A E Brain-BlogSpot.com 1/10/2011
Title: Re: First transgender discrimination case to challenge ADA’s constitutionality
Post by: suzifrommd on January 28, 2015, 09:04:58 AM
Post by: suzifrommd on January 28, 2015, 09:04:58 AM
This is really big. If we were covered under the ADA that would be a judicial recognition that our condition is medical in nature and not a "lifestyle choice."
Thank you Ms. Blatt, for fighting for all our rights.
Thank you Ms. Blatt, for fighting for all our rights.
Title: Re: First transgender discrimination case to challenge ADA’s constitutionality
Post by: BunnyBee on January 28, 2015, 09:42:47 AM
Post by: BunnyBee on January 28, 2015, 09:42:47 AM
Immoral, huh? That's the wroding in the law? Ouch..
Title: Re: First transgender discrimination case to challenge ADA’s constitutionality
Post by: frances_larina on January 28, 2015, 09:46:39 PM
Post by: frances_larina on January 28, 2015, 09:46:39 PM
Quote from: BunnyBee on January 28, 2015, 09:42:47 AM
Immoral, huh? That's the wroding in the law? Ouch..
The full explanation is in the link for "employment-discrimination-and-the-transsexual-joanna-mcnamara.pdf". But I can sum it up in three words: Senator Jesse Helms. He insisted that the ADA be amended after it passed to exclude transsexuals as the courts had already decided we were covered by the Rehabilitation Act of 1973 (which was amended to exclude us in 1990; the text of that amendment was used directly by Sen. Helms in amending the ADA) and would likely otherwise be covered by the ADA.