Currently, The Pennsylvania Division of Vital Records and Department of Health holds a policy that bars transgender people from changing their birth certificate unless they undergo gender confirmation surgery. Two transgender individuals are suing this department, claiming that they should not have to go through with surgery in order to have their birth certificates changed. They state that is both costly and time consuming. The plaintiffs in this case are part of a larger group of transgender people who are fighting for protection under the Americans with Disabilities Act of 1990 (ADA).
Many transgender people state that gender dysphoria, a condition that causes a rift between the brain anatomy and body anatomy, should be classified as a disability under ADA standards. Despite the fact that the ADA expressly bans transgender people as disabled, many state and federal entities have changed their stances on this issue; however, the State of Pennsylvania has been a little slower in its progress. Governor Tom Wolf plans to expand antidiscrimination laws in Pennsylvania, but in the meantime, cases will continue to be filed. During the Blatt v. Cabela’s Retail lawsuit, The Department of Justice in the Eastern District of Pennsylvania remarked on the fact that there is increasing scientific evidence that gender identity disorder is caused by a biological or physiological condition, even if the cause is not now known.
Philadelphia employment lawyer, Sidney L. Gold, of The Gold Law Firm P.C.. represents Blatt in Blatt v. Cabela’s Retail. Attorney Gold shares this criticism of the ADA’s exclusion and Pennsylvania’s Birth Certificate Policies. “The time has come for these things to be moved along,” Gold told The Legal Intelligencer. “If we were in the ’60s, I could understand the resistance to the argument, but at this point … they are now just irrational obstacles.”
If you or a loved one has been the victim of sex, gender or gender identity discrimination, let the experienced Philadelphia employment discrimination lawyers at The Gold Law Firm P.C. defend your rights. To schedule a free confidential consultation, call us at 215-569-1999 or contact us online. Our offices are conveniently located in Center City Philadelphia and we represent clients throughout Pennsylvania, New Jersey, and New York.
