CSX Permitted to Argue Disability Law Excludes Gender Dysphoria

CSX Transportation Inc. can argue that the Americans with Disabilities Act excludes certain “gender identity disorders” in a lawsuit brought by a transgender female employee allegedly fired for urinating in a rail yard.

The US District Court for the Western District of New York denied Leah Kozak’s motion to strike the argument on April 14, saying that CSX signaled that it would likely argue that the ADA didn’t cover her in its response to her complaint. The court further noted that other prominent transgender ADA cases have faced this statutory exclusion defense.

Kozak started working at CSX in 1999 and ...