Dive Brief:
- Transgender persons may sue their employers under the Americans with Disabilities Act (ADA), a U.S. District Court judge in Pennsylvania ruled last week, Lexology reports.
- In his decision, Judge Joseph F. Leeson, Jr. said his ruling is based on the impact of "gender identity disorder," also known as "gender dysphoria," a condition experienced by those who identify with a different gender than the one assigned to them at birth. The plaintiff had been diagnosed with gender dysphoria, and an amended complaint claimed she had not received appropriate accommodations from her employer.
- Writing in The Employer Handbook, attorney Eric B. Meyer said the decision indicates that employees affected by gender dysphoria may ask for reasonable accommodations should their condition impact their ability to interact with others in the workplace.
Dive Insight:
The ruling is obviously important for compliance officers. While it's by no means the law of the land at this point, Leeson's decision provides an interesting precedent for transgender persons who feel they're being discriminated against at work.
Last week, Meyer spoke with HR Dive about the need for sensitivity and patience whenever a transgender employee begins process of his/her/their transition from one gender to another. That includes communicating with co-workers about how the employee should be addressed and exploring reasonable workplace accommodations should the need arise.
HR pros should be quite familiar with ADA requirements, given the legal developments around them in recent months. According to the American Journal of Managed Care, employees still face discrimination at work despite ADA updates — largely due to inadequate workplace accommodations. The rule of thumb should always be to determine whether disabled employees feel they are properly equipped to perform essential job functions.
Legal experts cited in this report are waiting for Blatt v. Cabela's Retail Inc. to make its way through the appeals process, so employers should keep an ear close to the ground for coming attractions. If the judge's ruling is upheld, assuming appeal, it would be an undisputed landmark decision.
Don't forget about Title VII, either, as LGBT advocates await the outcome of the conflict between federal court rulings on this component of the Civil Rights Act.
