The U.S. Department of Justice last week urged a federal judge to postpone ruling on a challenge to the American With Disabilities Act’s exclusion of gender-identity disorder as a protected disability.
Kate Lynn Blatt, a Pottsville trans woman, is challenging the constitutionality of the exclusion as part of her lawsuit against Cabela’s Retail Inc.
Cabela’s is located in Hamburg and specializes in outdoor sports items. Blatt worked there as a seasonal stocker between September 2006 and March 2007.
Blatt claims Cabela’s discriminated against her on the basis of her disability — gender dysphoria — by denying her access to a female restroom and a female name tag.
Blatt contends that Congress acted illegally 25 years ago when excluding GID as a protected disability under the ADA.
The matter is pending before U.S. District Judge Joseph F. Leeson Jr.
The ADA protects those with disabilities from discrimination in private employment, public accommodations and governmental services.
Blatt is seeking lost wages and benefits, front pay, punitive damages, compensatory damages, interest and attorneys’ fees.
In a four-page filing, the DOJ noted that Blatt can obtain those remedies through her sex-discrimination claim against Cabela’s. Thus, the court doesn’t have to rule on Blatt’s GID-exclusion challenge.
But Jennifer L. Levi, director of Gay & Lesbian Advocates and Defenders’ Transgender Rights Project, said the GID exclusion should be declared unconstitutional.
“I’m surprised the Obama administration isn’t ready to speak out against the GID exclusion, because it’s so rooted in bias, animus and moral objections to transgender people having workplace protections,” Levi told PGN. “If the court does take up the question, I hope the Justice Department will weigh in against the exclusion. Having ADA coverage is so important because it would allow workers to get an accommodation in the workplace for a medical condition.”
Levi said Blatt was denied reasonable accommodations when working at Cabela’s.
“In this case, the medical condition was gender dysphoria,” she said. “Kate Lynn Blatt needed access to the women’s restroom and a female name tag, and Cabela’s refused to accommodate her.”
Attorneys for Blatt and Cabela’s declined to comment.