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Novel Ruling Finds Disability Bias Rights for Transgender Worker

May 19, 2017, 10:36 PM

A transgender former Cabela’s employee can proceed with allegations that she was mistreated and fired based on her gender-identity-related disability, a federal judge in Pennsylvania decided (Blatt v. Cabela’s Retail, Inc., 2017 BL 166978, E.D. Pa., No. 5:14-cv-04822, 5/18/17).

In what appears to be a first-of-its-kind ruling, the court said Kate Lynn Blatt stated valid claims against the outdoor recreation merchandiser under the Americans with Disabilities Act. Courts previously have only recognized federal protections for transgender workers under the law prohibiting discrimination based on sex or a failure to conform to traditional gender stereotypes.

But Judge Joseph F. ...