What is a disability? A disability for the purposes of the Americans with Disabilities Act is anything that makes one or more major functions of life more difficult. A person with a disability may need an accommodation to do their job. A disability can be many things, and according to a new decision issued by the Fourth Circuit, gender dysphoria is a disability under the ADA.

In the decision of Williams v. Kincaid, the 4^th Circuit found that Ms. Williams’, who is a transgender woman, assignment to a male prison violated her rights under the ADA. Interestingly in 1990 when Congress passed the ADA “gender identity disorders” was specifically excluded as a disability under the ADA. The 4^th Circuit panel reasoned that through a shift in medical understanding there are now clear differences between gender dysphoria and the gender identity disorders excluded by Congress, finding that the medical needs of people with gender dysphoria are protected by the ADA.

While this case does not deal with employment law directly, classifying gender dysphoria as a disability can impact some aspects of employment law. For example, a person who has gender dysphoria can ask for an accommodation of using the bathroom, uniform or changing room of the gender in which they identify. Additional accommodations may include a modified work schedule or time off for medical appointments. Now would be a good time to check your employee handbook and company policies to make sure you are fully compliant.