Use Of Ada For Job Protections

[Guest Amber Jean]

Let me begin by stating with emphasis that I do not think we transgendered are disabled in any way.!!! We are however diagnosed using the DSM-IV as having a mental illness. That much is official as far as the medical community is concerned. Anyway, has the ADA ever been used to protect one from being fired simply for being Transgendered? Technically under the ADA we SHOULD be protected should we not? It is a Federal Law that a place of employment can not discriminate based on disabilities. Using this should we not be covered even though we know that we are not in fact disabled? This is more of a curiosity than anything. I am not looking to open a can or worms over disability or not. Anyway, lets hear what is out there...

Amber

[Guest Donna Jean]

Whoooooo Eeeeeee, Sweetheart....

Can of worms!

Trans people are doing their darnedest to get rid of that "Disorder " part.....

We really don't want to be perceived as having a mental disorder of any kind...

We have a Gender Identity Incongruance...where our bodies and minds don't match...

But, your question....

As long as that is the name for what we have and we were diagnosed with it, I suppose that a good lawyer could give it a good go....

Dunno....

Huggs....

Donna Jean

[Guest Bailey]

I'm sorry. I refuse to say I have a mental disability. Other than deep depression that is.

Aislinn

[Guest Amber Jean]

I'm sorry. I refuse to say I have a mental disability. Other than deep depression that is.

Aislinn

I Totally agree with you there. I do not have a "disability" either. That wasn't what I was getting at though. The fact remains that rehardless how we all feel and know about ourselves, there is still the hated DSM-IV. Its a fact for now until its changed. I have seen posts from people that they were fired from their jobs simply because they were trand and or decided to transition. Irregardless of our own personal beliefs, if a business fires you simply because you are transitioning, should that still not be covered under ADA because the medical community considers it such? Thats the point I am getting at....

Amber

[Guest Girl Emily]

Amber Jean,

ADA has an amendment that exempts transgendered people from the benefits of its protection. However, this exemption is unconstitutional because of the equal protection clause. Though this has never been tested; the congressional record of the debate clearly shows the discriminatory reason for its passage.

I have no problem using whatever tools necessary to secure myself, even if it is not perfect, while working for a better situation. I am secure in myself and not so proud as to not realize my being trans is disabling considering the society we are in.

Huggs,

[Guest foxy]

my hole life i was labeled with a "disability" first bi polor, then it turned into you have ad/hd... now i can be normal, because it was none of those i am just transgendered... and they have it labeled as a disability.....

why cant we just use the many policies stating that a employer can not discriminate or underpay female workers... or discriminate against a given gender

[Guest Girl Emily]

Foxy,

Although you are right about us and your desire to be normal. The courts have decided that in title VII civil rights legislation, where religion is a broad category, sex is either female or male. However, ENDA may correct this injustice. In rare cases employers have been challenged for discrimination against women.

Federal employees are protected.

Huggs,