Is gender dysphoria a disability?
The federal Americans with Disabilities Act (ADA) does not include a complete list of conditions that qualify as disabilities. Instead, the ADA has a general definition of a disability that the condition must meet: A disability is an impairment that substantially limits one or more major life activities.
Gender dysphoria would be a disability if it meets that definition.
What is gender dysphoria?
According to the Diagnostic and Statistical Manual (DSM-5), gender dysphoria is “a marked incongruence between one’s experienced/expressed gender and natal gender” (the gender one is born with) and “is associated with clinically significant distress or impairment in social, occupational, or other important areas of functioning.” In other words, an individual’s gender identity differs from their assigned sex at birth.
The condition can result in depression, chronic anxiety, panic attacks, and thoughts of suicide, all of which can limit an employee’s ability to work effectively. Many individuals whose gender identity differs from their birth sex, however, do not experience gender dysphoria and its associated conditions.
Limitations and accommodations
As with any potential disability, when an employee asks for a workplace change due to the condition, as part of an interactive process with the employee, employers should look at the employee’s limitations in relation to the job’s essential functions, and identify the barriers in between. An accommodation would work to reduce or eliminate the barriers.
Like any other condition, accommodations for employees with gender dysphoria can be wide-ranging, depending on the conditions experienced, job tasks, and needs. Accommodation ideas can include:
- Job restructuring: Employees can perform their duties at different times of the day or in different locations to help them adjust to physical changes and work more comfortably and safely.
- Schedule flexibility: This allows employees to attend therapy sessions and medical appointments, or manage symptoms or reactions to medication that may fluctuate throughout the day.
- Modified break: Flexibility here helps them manage their symptoms during times of heightened anxiety or distress.
- Rest area/private space: Carving out space gives employees time to collect themselves away from the demands of the work environment and coworkers.
- Leave: Time off for a mental health day, medical appointments, or to manage symptoms during difficult times can help.
- Support animals: They can help alleviate anxiety and provide a sense of security during challenging times.
- Support persons: Having someone available to provide emotional support and aid when needed can help.
- Remote work: Working from home might help reduce stress and anxiety associated with commuting to and navigating potentially unwelcoming coworkers.
- Employee Assistance Programs: This benefit can provide access to confidential counseling, therapy, and support services to help manage mental health concerns.
Employers fare best when they engage in an interactive process with employees to figure out which accommodation would be effective.
Key to remember: Gender dysphoria could be a disability under the ADA. Employers should treat employees asking for accommodations as they would any employee with a disability.