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In September 2024, the Equal Employment Opportunity Commission (EEOC) filed lawsuits against three separate employers alleging violations of the Pregnant Workers’ Fairness Act (PWFA), a federal law enacted in June 2023 that requires covered employers to provide reasonable accommodations to employees for known limitations related to pregnancy, childbirth, and related medical conditions.
On January 8, 2024, the United States Department of Justice filed a statement of interest, explaining that gender dysphoria can be a covered disability under the Americans with Disabilities Act (“ADA”). The DOJ’s statement supports a 2022 holding by a federal appellate court that, in a first-of-its kind decision, likewise found that individuals with gender dysphoria are entitled to the protections of the ADA and the Rehabilitation Act of 1973.
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