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Judge rules in favor of trans woman

On Behalf of | May 23, 2017 | Workplace Disability Discrimination

Florida residents may have heard about a case involving a transgender woman who will be allowed to sue her employer under the Americans with Disabilities Act. The court ruled that she could proceed with an employment discrimination lawsuit because gender dysphoria is covered by the ADA. The lawsuit was originally filed in 2014 and claimed that the woman was fired after false accusations were made against her.

The suit also claims that she was forced to wear a name tag with her birth name on it and was not allowed to use a women’s restroom while working at Cabela’s in Hamburg, Pennsylvania. In making his ruling, the judge did not address the merits of the case. It only responded to a request from the company to dismiss the claim because gender identity was not included in the ADA.

According to the ADA, transvestism, transsexualism and gender identity disorders not resulting from physical impairments are not considered disabilities. In his ruling, the judge said that he was required to take the broadest possible interpretation of the ADA while narrowly interpreting its exceptions. Ultimately, he found that allowing the plaintiff to use a female restroom and changing the name on her name tag could have eased anxiety and isolation related to gender dysphoria. Therefore, the facts of the case could be interpreted as discrimination based on a disability.

Those who feel as if their employment rights have been violated may wish to talk with an attorney in Boca Raton. An attorney may be able to use employment records or other evidence to establish that a person was discriminated against based on gender, sexual orientation or other protected classes. If successful, it may be possible for a worker to win compensation from the company that violated those rights.