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Americans with Disabilities Act (ADA) Gender Identity

Bricker Graydon LLP

Summer's Hot Debate: Does a Self-Funded Group Health Plan Cover Gender-Affirming Care?

Bricker Graydon LLP on

As the temperatures continue to rise, regulations and litigation related to employer-sponsored group health plans have followed suit. As these new rules continue to evolve, we are often asked whether a self-insured group...more

Butler Snow LLP

EEOC Releases New Guidance on Harassment in the Workplace

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On September 29, 2023, the U.S. Equal Employment Opportunity Commission (the “EEOC”) released its draft guidance concerning harassment in the workplace. The updated guidance reflects notable changes in law, including the...more

Epstein Becker & Green

Supreme Court Declines to Hear Case Regarding Gender Dysphoria’s Status Under the Americans with Disabilities Act

Epstein Becker & Green on

On June 30, 2023, the Supreme Court of the United States declined to weigh in on whether gender dysphoria can qualify as a disability under the Americans with Disabilities Act (“ADA”), allowing to stand the Fourth Circuit’s...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Kansas Enacts Law Defining ‘Male’ and ‘Female’ Strictly as Sex Assigned at Birth

On April 27, 2023, the Kansas Legislature overrode Governor Laura Kelly’s veto of Senate Bill (SB) 180, which defines “male” and “female” only by biological sex. SB 180, described by the Kansas Senate as a “women’s bill...more

Jackson Lewis P.C.

[Webinar] Keeping Pace with Industry Concerns: Accessibility, Equity in Healthcare and Gender-Affirming Care - November 17th, 1:00...

Jackson Lewis P.C. on

As the industry continues to evolve, access to healthcare remains a key challenge. For certain segments of the population, access to healthcare is not equitable. We will examine how the ADA and state disability and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fourth Circuit Rules That Gender Dysphoria Is a Disability Under the ADA and the Rehabilitation Act

​​​​​​​In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit recently held in Williams v. Kincaid that individuals with gender dysphoria may be protected under the Americans with Disabilities Act...more

Butler Snow LLP

Fourth Circuit Rules that Gender Dysphoria is Covered by the Americans with Disabilities Act

Butler Snow LLP on

The United States Court of Appeals for the Fourth Circuit became the first federal appellate court to find that the Americans with Disabilities Act (“ADA”) provides coverage to individuals diagnosed with gender dysphoria. ...more

Stokes Wagner

Do You Know Your Obligations to Transgender Employees and Job Applicants?

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The subject of transgender Americans has been raised a lot recently, sometimes in political contexts, but regardless of the politics, it is important for employers to understand their obligations with respect to transgender...more

Amundsen Davis LLC

Employers Need to Know Gender Dysphoria – Here’s Why

Amundsen Davis LLC on

Recently, the 4th Circuit U.S. Court of Appeals issued a decision that expanded protections under the Americans with Disabilities Act (ADA) to people with gender dysphoria....more

DirectEmployers Association

OFCCP Week In Review: September 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Bass, Berry & Sims PLC

Appeals Court Rules Transgender Workers May Be Covered by the Americans with Disabilities Act

The Fourth Circuit Court of Appeals recently held the Americans with Disabilities Act (ADA) covers individuals with “gender dysphoria.” According to the American Psychiatric Association, gender dysphoria describes an...more

Mintz - Employment Viewpoints

Fourth Circuit Holds Gender Dysphoria is a Protected Disability Under the ADA

In a recent opinion, Williams v. Kincaid (4th Cir. Aug. 16, 2022), the 4th Circuit Court of Appeals held that gender dysphoria is a covered disability under the Americans with Disabilities Act (ADA). We summarize the opinion...more

Epstein Becker & Green

Fourth Circuit Holds the Americans with Disabilities Act Covers Gender Dysphoria

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On August 16, 2022, in Williams v. Kincaid, the Fourth Circuit held that gender dysphoria can qualify as a disability under the Americans with Disabilities Act (the “ADA”). This is the first federal appellate decision which...more

Fisher Phillips

Federal Appeals Court Rules Gender Dysphoria is a Disability for the First Time: 4 Accommodation Steps for Employers

Fisher Phillips on

For the first time, a federal appeals court has joined a growing number of district courts and ruled that those with gender dysphoria – a medical condition where an “incongruence between their gender identity and assigned...more

Rumberger | Kirk

Gender Dysphoria and the ADA: What it Means for Employers

Rumberger | Kirk on

On August 16, 2022, a Fourth Circuit panel for the United States Court of Appeals ruled in Williams v. Kincaid that gender dysphoria qualifies as one of the disabilities listed under the Americans with Disabilities Act (ADA)....more

Steptoe & Johnson PLLC

Fourth Circuit Extends ADA Protection to Individuals with Gender Dysphoria

Steptoe & Johnson PLLC on

The Fourth Circuit has become the first appellate circuit to extend the protection of the Americans with Disabilities Act (ADA) to individuals with gender dysphoria by way of its recent ruling in Kesha T. Williams v. Stacey...more

Poyner Spruill LLP

Fourth Circuit Holds Gender Dysphoria Receives ADA Protections

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In a case of first impression for federal appellate courts, the United States Court of Appeals for the Fourth Circuit recently held that gender dysphoria qualifies as a “disability” under the Americans with Disabilities Act...more

Miles & Stockbridge P.C.

Gender Dysphoria Recognized as a Disability Under Federal Law

A federal appeals court this week ruled that “gender dysphoria” qualifies as a disability under the Americans with Disabilities Act (“ADA”). This decision will give broader protection to transgender and other individuals...more

Benesch

Gender Dysphoria Protected by the ADA, Per Fourth Circuit

Benesch on

Recent case law continues to develop the scope of legal protections for transgender individuals. One month after a Texas court enjoined the Equal Employment Opportunity Commission (“EEOC”) from enforcing its 2021 guidance...more

Jackson Lewis P.C.

Gender Dysphoria is Not Excluded from Coverage under ADA, Fourth Circuit Rules

Jackson Lewis P.C. on

Gender dysphoria is not excluded from the broad definition of “disability” protected under the Americans with Disabilities Act (ADA), a divided panel of the U.S. Court of Appeals for the Fourth Circuit has held....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Panel Finds Gender Dysphoria Covered Under ADA

​​​​​​​On August 16 in Williams v. Kincaid, a divided three-judge panel of the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) became the first federal appellate court to hold...more

Littler

The Fourth Circuit is First to Rule that ADA Protects Gender Dysphoria

Littler on

On August 16, 2022, the U.S. Court of Appeals for the Fourth Circuit issued a landmark decision, Williams v. Kincaid, finding that the Americans with Disabilities Act (ADA) and the Rehabilitation Act protect individuals with...more

Clark Hill PLC

Fourth Circuit Holds That Gender Dysphoria May Be a Protected Disability Under the ADA

Clark Hill PLC on

In a case of first impression arising under the ADA’s public/government services provisions (Title II), the Fourth Circuit Court of Appeals in Williams v. Kincaid has ruled that gender dysphoria is a disability protected by...more

Constangy, Brooks, Smith & Prophete, LLP

Gender dysphoria is covered by ADA, appeals court says

I'm not sure I agree. With all due respect. An issue that has been percolating for the past few years is whether gender dysphoria is a "disability" within the meaning of the Americans with Disabilities Act. I've posted on...more

DirectEmployers Association

OFCCP Week In Review: April 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

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