It’s hard to believe that in the 33 years since the Americans with Disabilities Act (ADA) was enacted there has not been a single case to decide whether a medical condition known as “gender dysphoria” is protected under the law. That streak came to an end when the U.S. Court of Appeals for the Fourth Circuit held in Williams v. Kincaid, 45 F.4th 759 (4th Cir. 2022), that gender dysphoria is, indeed, a disability worthy of protection under federal disability discrimination laws. When the decision came down last August, many in the LGBTQIA+ community, and allies alike, heralded the unprecedented decision.

Finally, protection was to be afforded to nonbinary and transgender individuals coping with gender dysphoria. It would have far-reaching consequences: protection from discrimination and harassment; reasonable accommodations for things as simple (yet consequential) as taking time off for medical appointments; leaves of absence related to treatment; effective use of pronouns to prevent misgendering; and use of single-sex bathrooms associated with one’s gender identity.

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