In a rare show of unity, both sides in the Kate Blatt antibias case are urging a federal judge to promptly rule on Blatt’s challenge to the Americans With Disabilities Act’s exclusion of gender-identity disorder as a protected disability.
Blatt, a Pottsville trans woman, claims the GID exclusion violates her constitutional right to equal protection under the law.
But the federal Department of Justice wants U.S. District Judge Joseph F. Leeson Jr. to defer ruling on the GID issue, noting that Blatt’s sex-discrimination claim could bring her similar relief. Blatt is challenging the GID exclusion as part of her lawsuit against Cabela’s Inc., a Hamburg retail store that specializes in outdoor sports items. She worked as a seasonal stocker at Cabela’s from September 2006 to 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 claims she had a right to those “reasonable accommodations.”
Cabela’s hasn’t taken a position on the GID exclusion, but denies treating Blatt in an unreasonable manner.
The DOJ recently asked that Leeson defer ruling on the GID exclusion until Blatt’s sex-discrimination claim against Cabela’s is adjudicated.
If Blatt is successful in her sex-discrimination claim, there won’t be a need for the GID exclusion to be addressed by the court, according to the DOJ.
In court filings, both sides disagreed with the DOJ’s position, noting that even if Blatt were successful in her sex-discrimination claim, there could still be a need for another jury trial pertaining to the GID exclusion.
Holding two trials in the case would be a waste of judicial resources, both sides maintained.
“[T]he DOJ’s seemingly unsupported position, which appears driven only by an unwillingness to take a stance on a controversial subject, will likely force the parties to engage in two substantially similar trials, resulting in a litany of untold expenses, inefficiencies and potential prejudices,” Cabela’s asserted in a filing.
Nicole Navas, a DOJ spokesperson, had no comment for this story.
The DOJ reserved the right to intervene if Leeson determines that a ruling on the GID exclusion can’t be deferred.
Blatt is seeking an unspecified amount in compensatory and punitive damages from Cabela’s. But Cabela’s claims Blatt was properly dismissed after she threatened a coworker’s child — an allegation Blatt vehemently denies.
“Cabela’s maintains that it did not discriminate or retaliate against Ms. Blatt in any way, and acted at all times pursuant to legitimate nondiscriminatory business reasons,” Cabela’s said in a recent filing.
The ADA protects persons with disabilities from discrimination in private employment, public accommodations and governmental services.