The Future of Disability Rights Protections for Transgender People

Kevin M. Barry, Quinnipiac University School of Law
Jennifer Levi, Western New England University School of Law


This Article examines the history of the ADA's and Section 504's transgender exclusion, the advocacy that led to disability rights protection for gender dysphoria in a range of settings, and the impact these cases have in redressing the prejudice, stereotypes, and societal neglect experienced by people with gender dysphoria. It tells the story of how this transgender exclusion came to be, why a growing number of federal courts say it does not apply to gender dysphoria, a new and distinct medical diagnosis, and the future of disability rights protections for transgender people.