In a case of first impression before the federal appeals courts, the U.S. Court of Appeals for the Fourth Circuit has ruled that gender dysphoria can be a disability under the Americans with Disabilities Act (ADA). Gender dysphoria, as discussed in more detail below, is defined as clinically significant distress experienced by transgender individuals. While the ADA expressly excludes “gender identity disorders not resulting from physical impairments” from the definition of a covered disability, a divided three-judge panel of the Fourth Circuit, ruling in the case of Williams v. Kincaid, No. 21-2030 (August 16, 2022), found that gender dysphoria is distinct from gender identity disorders and thus may be a covered ADA disability.
Members of the Center for Workplace Compliance (CWC) can read more here.