Opening Arguments How One Lawsuit Targeting Trans Rights Could Undermine Disability Protections for Everyone
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Mar 24, 2025 Jenessa Seymour, an attorney specializing in disability rights, dives into the critical intersection of transgender rights and disability protections. She explores the implications of a pending lawsuit challenging Section 504 and how it could undermine federal protections for all individuals with disabilities. Listeners learn about the history of Section 504, the complexities of gender dysphoria in legal contexts, and the importance of advocacy in safeguarding civil rights. This compelling discussion emphasizes the urgency of activism in defending vulnerable communities.
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Section 504 Explained
- Section 504 of the Rehabilitation Act of 1973 protects disabled individuals from discrimination by federal and state entities receiving federal funds.
- It precedes the ADA and serves as its foundation, focusing on government entities rather than private businesses.
Defining Disability
- The legal definition of disability in Section 504 and the ADA includes physical or mental impairments limiting major life activities.
- It also covers a record of such impairment or being regarded as having one.
Exclusions from Section 504
- Section 504 explicitly excludes certain conditions, including drug use, homosexuality, transvestitism, and various other "sexual behavior disorders."
- This exclusion was a result of intentional discrimination at the time of drafting.