113-550: The Americans with Disabilities Act of 1990 or ADA ( 42 U.S.C. § 12101 ) is a civil rights law that prohibits discrimination based on disability . It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964 , which made discrimination based on race , religion , sex , national origin , and other characteristics illegal, and later sexual orientation and gender identity . In addition, unlike
226-510: A balancing test between the cost of the proposed alteration and the wherewithal of the business and/or owners of the business. Thus, what might be "readily achievable" for a sophisticated and financially capable corporation might not be readily achievable for a small or local business. There are exceptions to this title; many private clubs and religious organizations may not be bound by Title III. With regard to historic properties (those properties that are listed or that are eligible for listing in
339-439: A broader shift in the understanding of transgender people's sense of self and the increasing recognition of those who decline medical reassignment as part of the transgender community. Transgender can also refer specifically to a person whose gender identity is opposite (rather than different from ) the sex the person had or was identified as having at birth. In contrast, people whose sense of personal identity corresponds to
452-430: A condition related to gender identity rather than sexuality . Some transsexual people object to being included in the transgender umbrella. In his 2007 book Imagining Transgender: An Ethnography of a Category , anthropologist David Valentine asserts that transgender was coined and used by activists to include many people who do not necessarily identify with the term and states that people who do not identify with
565-636: A different gender role. In 1994, the DSM IV entry was changed from "Transsexual" to "Gender Identity Disorder". In 2013, the DSM V removed "Gender Identity Disorder" and published "Gender Dysphoria" in its place. In many places, transgender people are not legally protected from discrimination in the workplace or in public accommodations. A report released in February 2011 found that 90% of transgender Americans faced discrimination at work and were unemployed at double
678-551: A disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the public accommodation can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense." The term "auxiliary aids and services" includes: Captions are considered one type of auxiliary aid. Since
791-670: A disability". This applies to job application procedures, hiring, advancement and discharge of employees, job training, and other terms, conditions, and privileges of employment. "Covered entities" include employers with 15 or more employees, as well as employment agencies , labor organizations , and joint labor-management committees. There are strict limitations on when a covered entity can ask job applicants or employees disability-related questions or require them to undergo medical examination, and all medical information must be kept confidential. Prohibited discrimination may include, among other things, firing or refusing to hire someone based on
904-679: A disability. In 2008, the United States House Committee on Education and Labor stated that the amendment "makes it absolutely clear that the ADA is intended to provide broad coverage to protect anyone who faces discrimination on the basis of disability." Thus the ADAAA led to broader coverage of impaired employees. In October 2019, the Supreme Court declined to resolve a circuit split as to whether websites are covered by
1017-493: A gender different than the gender they were thought to be at birth." Detransition was associated with assigned male sex at birth, nonbinary gender identity, and bisexual orientation, among other cohorts. Only 5% of detransitioners (or 0.4% of total respondents) reported doing so because gender transition was "not for them"; 82% cited external reason(s), including pressure from others, the difficulties of transition, and discrimination. "The most common reason cited for de-transitioning
1130-447: A gender transition. Clinical training lacks relevant information needed in order to adequately help transgender clients, which results in a large number of practitioners who are not prepared to sufficiently work with this population of individuals. Many mental healthcare providers know little about transgender issues. Those who seek help from these professionals often educate the professional without receiving help. This solution usually
1243-541: A history of having such an impairment, or being regarded as having such an impairment. The Equal Employment Opportunity Commission (EEOC) was charged with interpreting the 1990 law with regard to discrimination in employment. The EEOC developed regulations limiting an individual's impairment to one that "severely or significantly restricts" a major life activity. The ADAAA directed the EEOC to amend its regulations and replace "severely or significantly" with "substantially limits",
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#17327723435551356-476: A long tradition in LGBTQ culture . Generally the term drag queen covers men doing female drag, drag king covers women doing male drag, and faux queen covers women doing female drag. Nevertheless, there are drag artists of all genders and sexualities who perform for various reasons. Drag performers are not inherently transgender. Some drag performers, transvestites, and people in the gay community have embraced
1469-438: A masquerade, and so on. These individuals are cross dressing but are not cross dressers." Cross-dressers may not identify with, want to be, or adopt the behaviors or practices of the opposite gender and generally do not want to change their bodies medically or surgically. The majority of cross-dressers identify as heterosexual. The term transvestite and the associated outdated term transvestism are conceptually different from
1582-650: A more lenient standard. On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (ADAAA) into law. The amendment broadened the definition of "disability", thereby extending the ADA's protections to a greater number of people. The ADAAA also added to the ADA examples of "major life activities" including, but not limited to, "caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working" as well as
1695-1741: A person's sexual orientation without reference to their gender identity. Therapists are coming to understand the necessity of using terms with respect to their clients' gender identities and preferences. The 2015 U.S. Transgender Survey reported that of the 27,715 transgender and non-binary respondents, 21% said queer best described their sexual orientation, 18% said pansexual , 16% said gay , lesbian , or same-gender-loving , 15% said straight , 14% said bisexual , and 10% said asexual . A 2019 Canadian survey of 2,873 trans and non-binary people found that 51% described their sexual orientation as queer, 13% as asexual, 28% as bisexual, 13% as gay, 15% as lesbian, 31% as pansexual, 8% as straight or heterosexual, 4% as two-spirit , and 9% as unsure or questioning . A 2009 study in Spain found that 90% of trans women patients reported being androphilic and 94% of trans men patients reported being gynephilic. Some non-binary (or genderqueer) people identify as transgender. These identities are not specifically male or female. They can be agender, androgynous, bigender, pangender, or genderfluid , and exist outside of cisnormativity . Bigender and androgynous are overlapping categories; bigender individuals may identify as moving between male and female roles (genderfluid) or as being both masculine and feminine simultaneously (androgynous), and androgynes may similarly identify as beyond gender or genderless (agender), between genders (intergender), moving across genders ( genderfluid ), or simultaneously exhibiting multiple genders (pangender). Non-binary gender identities are independent of sexual orientation. A transvestite
1808-478: A predominantly masculine gender identity or presentation. Transgendered is a common term in older literature. Many within the transgender community deprecate it on the basis that transgender is an adjective, not a verb. Organizations such as GLAAD and The Guardian also state that transgender should never be used as a noun in English (e.g., "Max is transgender " or "Max is a transgender man ", not "Max
1921-525: A primitive form of gender-affirming surgery . Worldwide, a number of societies have had traditional third gender roles, some of which continue in some form into the present day. The Hippocratic Corpus (interpreting the writing of Herodotus ) describes the "disease of the Scythians " (regarding the Enaree ), which it attributes to impotency due to riding on a horse without stirrups. This reference
2034-419: A real or perceived disability, segregation, and harassment based on a disability. Covered entities are also required to provide reasonable accommodations to job applicants and employees with disabilities. A reasonable accommodation is a change in the way things are typically done that the person needs because of a disability, and can include, among other things, special equipment that allows the person to perform
2147-535: A report, Towards Independence, in which the Council examined incentives and disincentives in federal laws towards increasing the independence and full integration of people with disabilities into U.S. society. Among the disincentives to independence the Council identified was the existence of large remaining gaps in civil rights coverage for people with disabilities in the United States. A principal conclusion of
2260-421: A restaurant. People with disabilities cannot be treated as "less than" other customers. However, if a business normally charges for damages caused by the person to property, damage caused by a service animal can also require compensation. The ADA provides explicit coverage for auxiliary aids. ADA says that "a public accommodation shall take those steps that may be necessary to ensure that no individual with
2373-628: A study on the impact of parental support on trans youth found that among trans children with supportive parents, only 4% attempted suicide, a 93% decrease. Autism is more common in people who are gender dysphoric. It is not known whether there is a biological basis. This may be due to the fact that people on the autism spectrum are less concerned with societal disapproval, and feel less fear or inhibition about coming out as trans than others. Medical and surgical procedures exist for transsexual and some transgender people, though most categories of transgender people as described above are not known for seeking
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#17327723435552486-418: A therapist and most of their issues have nothing to do, specifically, with being transgendered. It has to do because they've had to hide, they've had to lie, and they've felt all of this guilt and shame, unfortunately usually for years!" Many transgender people also seek mental health treatment for depression and anxiety caused by the stigma attached to being transgender, and some transgender people have stressed
2599-437: A wheelchair, multiple sclerosis , muscular dystrophy , obsessive–compulsive disorder (OCD), post-traumatic stress disorder (PTSD), and schizophrenia . Other mental or physical health conditions also may be disabilities, depending on what the individual's symptoms would be in the absence of "mitigating measures" such as medication, therapy, assistive devices, or other means of restoring function, during an "active episode" of
2712-543: Is a transgender "). "Transgender" is also a noun for the broader topic of transgender identity and experience. Assigned Female At Birth ( AFAB ), Assigned Male At Birth ( AMAB ), Designated Female at Birth ( DFAB ), and Designed Male at Birth (DMAB) are terms used to represent a person's sex assigned at birth; they are considered to be more gender-inclusive than the related terms biological male or biological female . Health-practitioner manuals, professional journalistic style guides, and LGBT advocacy groups advise
2825-552: Is a person who cross-dresses, or dresses in clothes typically associated with the gender opposite the one they were assigned at birth. The term transvestite is used as a synonym for the term cross-dresser , although cross-dresser is generally considered the preferred term. The term cross-dresser is not exactly defined in the relevant literature. Michael A. Gilbert, professor at the Department of Philosophy, York University, Toronto, offers this definition: "[A cross-dresser]
2938-486: Is a person who has an apparent gender identification with one sex, and who has and certainly has been birth-designated as belonging to [that] sex, but who wears the clothing of the opposite sex because it is that of the opposite sex." This definition excludes people "who wear opposite sex clothing for other reasons", such as "those female impersonators who look upon dressing as solely connected to their livelihood, actors undertaking roles, individual males and females enjoying
3051-534: Is also excluded from the definition of "disability". However, in 2022, the United States Court of Appeals for the Fourth Circuit stated that the ADA covers individuals with gender dysphoria , which may aid transgender people in accessing legal protections they otherwise may be unable to. The ADA states that a " covered entity " shall not discriminate against "a qualified individual with
3164-694: Is an individual's enduring pattern of attraction, or lack thereof, to others (being straight , lesbian , gay , bisexual , asexual , etc.), whereas gender identity is a person's innate knowledge of their own gender (being a man, woman, non-binary, etc.). Transgender people can have any orientation, and generally use labels corresponding to their gender, rather than assigned sex at birth. For example, trans women who are exclusively attracted to other women commonly identify as lesbians, and trans men exclusively attracted to women would identify as straight. Many trans people describe their sexual orientation as queer, in addition to or instead of, other terms. For much of
3277-832: Is assigned to the provinces and territories. This includes legal change of gender classification. On June 19, 2017, Bill C-16 , having passed the legislative process in the House of Commons of Canada and the Senate of Canada , became law upon receiving Royal Assent , which put it into immediate force. The law updated the Canadian Human Rights Act and the Criminal Code to include "gender identity and gender expression" as protected grounds from discrimination, hate publications and advocating transgender genocide . The bill also added "gender identity and expression" to
3390-564: Is charged with enforcing this provision. Under Title III, no individual may be discriminated against on the basis of disability with regards to the full and equal enjoyment of the goods, services, facilities, or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation. Public accommodations include most places of lodging (such as inns and hotels), recreation, transportation, education, and dining, along with stores, care providers, and places of public displays. Under Title III of
3503-533: Is distinct from sexual orientation , and transgender people may identify as heterosexual (straight), homosexual (gay or lesbian), bisexual , asexual , or otherwise, or may decline to label their sexual orientation. The opposite of transgender is cisgender , which describes persons whose gender identity matches their assigned sex. Accurate statistics on the number of transgender people vary widely, in part due to different definitions of what constitutes being transgender. Some countries, such as Canada , and
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3616-422: Is good for transsexual people but is not the solution for other transgender people, particularly non-binary people who lack an exclusively male or female identity. Instead, therapists can support their clients in whatever steps they choose to take to transition or can support their decision not to transition while also addressing their clients' sense of congruence between gender identity and appearance. Research on
3729-902: Is made from testosterone in the body, can be converted into estrogen , and external estrogen is a risk factor for endometrial cancer. Detransition refers to the cessation or reversal of a sex reassignment surgery or gender transition. Formal studies of detransition have been few in number, of disputed quality, and politically controversial. Estimates of the rate at which detransitioning occurs vary from less than 1% to as high as 13%. Those who undergo sex reassignment surgery have very low rates of detransition or regret. The 2015 U.S. Transgender Survey, with responses from 27,715 individuals who identified as "transgender, trans, genderqueer, [or] non-binary", found that 8% of respondents reported some kind of detransition. "Most of those who de-transitioned did so only temporarily: 62% of those who had de-transitioned reported that they were currently living full time in
3842-461: Is often misinterpreted as implying that all transgender people suffer from GD, which has confused transgender people and those who seek to either criticize or affirm them. Transgender people who are comfortable with their gender and whose gender is not directly causing inner frustration or impairing their functioning do not suffer from GD. Moreover, GD is not necessarily permanent and is often resolved through therapy or transitioning. Feeling oppressed by
3955-821: Is prohibited if it is intended to interfere. The ADA has roots in Section 504 of the Rehabilitation Act of 1973 . The law began in the Virginia House of Delegates in 1985 as the Virginians with Disabilities Act—supported by Warren G. Stambaugh —which was passed by the state Virginia . It is the first iteration of the Americans with Disabilities Act. In 1986, the National Council on Disability (NCD), an independent federal agency, issued
4068-574: Is relatively new. The term gender incongruence is listed in the ICD by the WHO . In the American ( DSM ), the term gender dysphoria is listed under code F64.0 for adolescents and adults , and F64.2 for children . (Further information: Causes of gender incongruence .) France removed gender identity disorder as a diagnosis by decree in 2010, but according to French trans rights organizations, beyond
4181-403: Is reported to have "inconvenienced" several senators and to have pushed them to approve the act. While there are those who do not attribute much overall importance to this action, the "Capitol Crawl" of 1990 is seen by some present-day disability activists in the United States as a central act for encouraging the ADA into law. Senator Tom Harkin ( D - IA ) authored what became the final bill and
4294-665: The National Register of Historic Places , or properties designated as historic under state or local law), those facilities must still comply with the provisions of Title III of the ADA to the "maximum extent feasible" but if following the usual standards would "threaten to destroy the historic significance of a feature of the building" then alternative standards may be used. Under 2010 revisions of Department of Justice regulations, newly constructed or altered swimming pools, wading pools, and spas must have an accessible means of entrance and exit to pools for disabled people. However,
4407-464: The U.S. Department of Justice . These regulations cover access to all programs and services offered by the entity. Access includes physical access described in the ADA Standards for Accessible Design and programmatic access that might be obstructed by discriminatory policies or procedures of the entity. Title II applies to public transportation provided by public entities through regulations by
4520-637: The U.S. Department of Transportation . It includes the National Railroad Passenger Corporation (Amtrak), along with all other commuter authorities. This section requires the provision of paratransit services by public entities that provide fixed-route services. ADA also sets minimum requirements for space layout in order to facilitate wheelchair securement on public transport. Title II also applies to all state and local public housing, housing assistance, and housing referrals. The Office of Fair Housing and Equal Opportunity
4633-724: The United Kingdom collect census data on transgender people. Generally, less than 1% of the worldwide population is transgender, with figures ranging from <0.1% to 0.6%. Many transgender people experience gender dysphoria , and some seek medical treatments such as hormone replacement therapy , gender-affirming surgery , or psychotherapy . Not all transgender people desire these treatments, and some cannot undergo them for legal, financial, or medical reasons. The legal status of transgender people varies by jurisdiction. Many transgender people experience transphobia ( violence or discrimination against transgender people) in
Americans with Disabilities Act of 1990 - Misplaced Pages Continue
4746-988: The University of Ulster . By 1992, the International Conference on Transgender Law and Employment Policy defined transgender as an expansive umbrella term including "transsexuals, transgenderists, cross dressers", and anyone transitioning. Leslie Feinberg 's pamphlet, "Transgender Liberation: A Movement Whose Time has Come", circulated in 1992, identified transgender as a term to unify all forms of gender nonconformity ; in this way transgender has become synonymous with queer . In 1994, gender theorist Susan Stryker defined transgender as encompassing "all identities or practices that cross over, cut across, move between, or otherwise queer socially constructed sex/gender boundaries", including, but not limited to, "transsexuality, heterosexual transvestism, gay drag, butch lesbianism, and such non-European identities as
4859-641: The sex they were assigned at birth . Often, transgender people desire medical assistance to medically transition from one sex to another; those who do may identify as transsexual . Transgender does not have a universally accepted definition, including among researchers; it can function as an umbrella term . The definition given above includes binary trans men and trans women and may also include people who are non-binary or genderqueer . Other related groups include third-gender people, cross-dressers , and drag queens and drag kings ; some definitions include these groups as well. Being transgender
4972-457: The voice , skin , face , Adam's apple , breasts , waist , buttocks , and genitals . Surgical procedures for trans men masculinize the chest and genitals and remove the womb , ovaries, and fallopian tubes . The acronyms " Gender-affirming surgery (GAS) " and "sex reassignment surgery" (SRS) refer to genital surgery. The term "sex reassignment therapy" (SRT) is used as an umbrella term for physical procedures required for transition. Use of
5085-559: The 1980s. In 2020, the International Journal of Transgenderism changed its name to the International Journal of Transgender Health "to reflect a change toward more appropriate and acceptable use of language in our field." By 1984, the concept of a "transgender community" had developed, in which transgender was used as an umbrella term. In 1985, Richard Ekins established the "Trans-Gender Archive" at
5198-576: The 1990s, transsexual has generally been used to refer to the subset of transgender people who desire to transition permanently to the gender with which they identify and who seek medical assistance (for example, sex reassignment surgery) with this. Distinctions between the terms transgender and transsexual are commonly based on distinctions between gender and sex . Transsexuality may be said to deal more with physical aspects of one's sex, while transgender considerations deal more with one's psychological gender disposition or predisposition, as well as
5311-555: The 20th century, transgender identity was conflated with homosexuality and transvestism . In earlier academic literature, sexologists used the labels homosexual and heterosexual transsexual to categorize transgender individuals' sexual orientation based on their birth sex. Critics consider these terms " heterosexist ", "archaic", and demeaning. Newer literature often uses terms such as attracted to men (androphilic), attracted to women (gynephilic) , attracted to both (bisexual), or attracted to neither (asexual) to describe
5424-532: The ADA include both mental and physical conditions. A condition does not need to be severe or permanent to be a disability. Equal Employment Opportunity Commission regulations provide a list of conditions that should easily be concluded to be disabilities: amputation , attention deficit hyperactivity disorder (ADHD), autism , bipolar disorder , blindness , cancer , cerebral palsy , deafness , diabetes , epilepsy , HIV/AIDS , intellectual disability , major depressive disorder , mobility impairments requiring
5537-591: The ADA is a "failure to remove" architectural barriers in existing facilities. See 42 U.S.C. § 12182(b)(2)(A)(iv) . This means that even facilities that have not been modified or altered in any way after the ADA was passed still have obligations. The standard is whether "removing barriers" (typically defined as bringing a condition into compliance with the ADAAG) is "readily achievable", defined as "...easily accomplished without much difficulty or expense". The statutory definition of "readily achievable" calls for
5650-541: The ADA labeled religious institutions "public accommodations" and thus would have required churches to make costly structural changes to ensure access for all. The cost argument advanced by ACSI and others prevailed in keeping religious institutions from being labeled as "public accommodations". Church groups such as the National Association of Evangelicals testified against the ADA's Title I employment provisions on grounds of religious liberty. The NAE believed
5763-608: The ADA, all new construction (construction, modification or alterations) after the effective date of the ADA (approximately July 1992) must be fully compliant with the Americans With Disabilities Act Accessibility Guidelines (ADAAG) found in the Code of Federal Regulations at 28 C.F.R., Part 36, Appendix A . Title III also has applications to existing facilities. One of the definitions of "discrimination" under Title III of
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#17327723435555876-453: The ADA, while the bill was opposed by business interests (who argued the bill imposed costs on business) and conservative evangelicals (who opposed protection for individuals with HIV ). The final version of the bill was signed into law on July 26, 1990, by President George H. W. Bush . It was later amended in 2008 and signed by President George W. Bush with changes effective as of January 1, 2009. Conditions classed as disabilities under
5989-485: The ADA. The Court turned down an appeal from Domino's Pizza and let stand a U.S. 9th Circuit Court of Appeals ruling which held that the Americans with Disabilities Act protects access not just to brick-and-mortar public accommodations, but also to the websites and apps of those businesses. The ADA led to significant improvements in terms of access to public services, accessibility in the built environment , and societal understanding of disability. Title 42 of
6102-509: The Americans with Disabilities Act was "an expensive headache to millions" that would not necessarily improve the lives of people with disabilities. Shortly before the act was passed, disability rights activists with physical disabilities coalesced in front of the Capitol Building , shed their crutches, wheelchairs , powerchairs and other assistive devices , and immediately proceeded to crawl and pull their bodies up all 100 of
6215-502: The Capitol's front steps, without warning. As the activists did so, many of them chanted "ADA now", and "Vote, Now". Some activists who remained at the bottom of the steps held signs and yelled words of encouragement at the "Capitol Crawlers". Jennifer Keelan, a second grader with cerebral palsy , was videotaped as she pulled herself up the steps, using mostly her hands and arms, saying "I'll take all night if I have to." This direct action
6328-604: The Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations . In 1986, the National Council on Disability had recommended the enactment of an Americans with Disabilities Act and drafted the first version of the bill which was introduced in the House and Senate in 1988. A broad bipartisan coalition of legislators supported
6441-530: The December 1969 issue of Transvestia , a national magazine for cross-dressers she founded. By the mid-1970s both trans-gender and trans people were in use as umbrella terms, while transgenderist and transgenderal were used to refer to people who wanted to live their lives as cross-gendered individuals without gender-affirming surgery . Transgenderist was sometimes abbreviated as TG in educational and community resources; this abbreviation developed by
6554-745: The Federal Communications Commission (FCC) to adopt rules requiring closed captioning of most television programming. The FCC's rules on closed captioning became effective January 1, 1998. Title IV of the ADA amended the Communications Act of 1934 primarily by adding section 47 U.S.C. § 225 . This section requires that all telecommunications companies in the U.S. take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments. When Title IV took effect in
6667-553: The German and ultimately modeled after German Transsexualismus (coined in 1923), the English term transsexual has enjoyed international acceptability, though transgender has been increasingly preferred over transsexual . The word transgender acquired its modern umbrella term meaning in the 1990s. Although the term transgenderism was once considered acceptable, it has come to be viewed as pejorative , according to GLAAD. Psychiatrist John F. Oliven of Columbia University used
6780-597: The Internet by consumers who use broadband connections. Some are Video Relay Service (VRS) calls, while others are text calls. In either variation, communication assistants translate between the signed or typed words of a consumer and the spoken words of others. In 2006, according to the Federal Communications Commission (FCC), VRS calls averaged two million minutes a month. Title V includes technical provisions. It discusses, for example,
6893-688: The Native American berdache or the Indian Hijra ". Between the mid-1990s and the early 2000s, the primary terms used under the transgender umbrella were "female to male" (FtM) for men who transitioned from female to male, and "male to female" (MtF) for women who transitioned from male to female. These terms have been superseded by "trans man" and "trans woman", respectively. This shift in preference from terms highlighting biological sex ("transsexual", "FtM") to terms highlighting gender identity and expression ("transgender", "trans man") reflects
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#17327723435557006-584: The Scythian disease. Other writers of the late 1700s and 1800s (including Hammond's associates in the American Neurological Association ) had noted the widespread nature of transgender cultural practices among native peoples. Explanations varied, but authors generally did not ascribe native transgender practices to psychiatric causes, instead condemning the practices in a religious and moral sense. Native groups provided much study on
7119-531: The U.S. Supreme Court affirmed that Title VII prohibits discrimination against transgender people in the case R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission . Nicole Maines , a trans girl, took a case to Maine's supreme court in June 2013. She argued that being denied access to her high school's women's restroom was a violation of Maine's Human Rights Act; one state judge has disagreed with her, but Maines won her lawsuit against
7232-680: The United States Code Title 42 of the United States Code is the United States Code dealing with public health , social welfare , and civil rights . Parts of Title 42 which formerly related to the US space program have been transferred to Title 51 . Transgender A transgender (often shortened to trans ) person is someone whose gender identity differs from that typically associated with
7345-526: The United States Congress have carefully crafted this Act. We've all been determined to ensure that it gives flexibility, particularly in terms of the timetable of implementation; and we've been committed to containing the costs that may be incurred.... Let the shameful wall of exclusion finally come tumbling down. The ADA defines a covered disability as a physical or mental impairment that substantially limits one or more major life activities,
7458-736: The United States Constitution . The Court determined that state employees cannot sue their employer for violating ADA rules. State employees can, however, file complaints at the Department of Justice or the Equal Employment Opportunity Commission , who can sue on their behalf. Title II prohibits disability discrimination by all public entities at the local level, e.g., school district, municipal, city, or county, and at state level. Public entities must comply with Title II regulations by
7571-440: The adoption by others of the name and pronouns identified by the person in question, including present references to the transgender person's past. Inspired by Magnus Hirschfeld 's 1923 term seelischer Transsexualismus , the term transsexual was introduced to English in 1949 by David Oliver Cauldwell and popularized by Harry Benjamin in 1966, around the same time transgender was coined and began to be popularized. Since
7684-528: The animal is a direct threat to someone's health and safety. Allergies and fear of animals are not considered to be such a threat. Businesses that prepare or serve food must allow service animals and their owners on the premises even if state or local health laws otherwise prohibit animals. Businesses that prepare or serve food are not required to provide care, food, a relief area for service animals. Extra fees for service animals are forbidden. They cannot be discriminated against, such as by isolation from people at
7797-417: The animal is a service animal and ask what tasks it is trained to perform, but are not allowed to ask the service animal to perform the task nor ask for an animal ID. They cannot ask what the person's disabilities are. A person with a disability cannot be removed from the premises unless one of two things happen: the animal is out of control and its owner cannot control it (e.g., a dog barking uncontrollably), or
7910-402: The condition (if the condition is episodic). Certain specific conditions that are widely considered anti-social , or tend to result in illegal activity, such as kleptomania , pedophilia , exhibitionism , voyeurism , etc. are excluded under the definition of "disability" in order to prevent abuse of the statute's purpose. Additionally, sexual orientation is no longer considered a disorder and
8023-518: The early 1800s. One of the earliest recorded gender nonconforming people in America was Thomas(ine) Hall , a seventeenth century colonial servant. The most complete account of the time came from the life of the Chevalier d'Éon (1728–1810), a French diplomat. As cross-dressing became more widespread in the late 1800s, discussion of transgender people increased greatly and writers attempted to explain
8136-462: The early 1990s, it led to the installation of public teletypewriter (TTY) machines and other TDD ( telecommunications devices for the deaf ). Title IV also led to the creation, in all 50 states and the District of Columbia, of what was then called dual-party relay services and now are known as Telecommunications Relay Services (TRS), such as STS relay . Today, many TRS-mediated calls are made over
8249-401: The expectations of others or whose gender identity conflicts with their body may benefit by talking through their feelings in depth. While individuals may find counseling or psychotherapy helpful, it is no longer recommended as a prerequisite for further transition steps. Research on gender identity with regard to psychology, and scientific understanding of the phenomenon and its related issues,
8362-723: The fact that nothing in the ADA amends, overrides or cancels anything in Section 504 . Additionally, Title V includes an anti-retaliation or coercion provision. The Technical Assistance Manual for the ADA explains this provision: III-3.6000 Retaliation or coercion. Individuals who exercise their rights under the ADA, or assist others in exercising their rights, are protected from retaliation. The prohibition against retaliation or coercion applies broadly to any individual or entity that seeks to prevent an individual from exercising his or her rights or to retaliate against him or her for having exercised those rights ... Any form of retaliation or coercion, including threats, intimidation, or interference,
8475-557: The field of study. The Institut was destroyed when the Nazis seized power in 1933, and its research was infamously burned in the May 1933 Nazi book burnings. Transgender issues went largely out of the public eye until after World War II. Even when they re-emerged, they reflected a forensic psychology approach, unlike the more sexological that had been employed in the lost German research. People who experience discord between their gender and
8588-611: The focus on diagnosis and instead emphasized the importance of flexibility in order to meet the diverse health care needs of transsexual, transgender, and all gender-nonconforming people. The reasons for seeking mental health services vary according to the individual. A transgender person seeking treatment does not necessarily mean their gender identity is problematic. The emotional strain of dealing with stigma and experiencing transphobia pushes many transgender people to seek treatment to improve their quality of life. As one trans woman reflected, "Transgendered individuals are going to come to
8701-403: The following treatments. Hormone replacement therapy for trans men induces beard growth and masculinizes skin, hair, voice, and fat distribution. Hormone replacement therapy for trans women feminizes fat distribution and breasts, as well as diminishes muscle mass and strength. Laser hair removal or electrolysis removes excess hair for trans women. Surgical procedures for trans women feminize
8814-615: The illegal use of drugs is not considered qualified when a covered entity takes adverse action based on such use. Part of Title I was found unconstitutional by the United States Supreme Court as it pertains to states in the case of Board of Trustees of the University of Alabama v. Garrett as violating the sovereign immunity rights of the several states as specified by the Eleventh Amendment to
8927-654: The impact of the announcement itself, nothing changed. In 2017, the Danish parliament abolished the F64 Gender identity disorders. The DSM-5 refers to the topic as gender dysphoria (GD) while reinforcing the idea that being transgender is not considered a mental illness. Transgender people may meet the criteria for a diagnosis of gender dysphoria "only if [being transgender] causes distress or disability." This distress may manifest as depression or inability to work and form healthy relationships with others. This diagnosis
9040-473: The importance of acknowledging their gender identity with a therapist in order to discuss other quality-of-life issues. Rarely, some choose to detransition . Problems still remain surrounding misinformation about transgender issues that hurt transgender people's mental health experiences. One trans man who was enrolled as a student in a psychology graduate program highlighted the main concerns with modern clinical training: "Most people probably are familiar with
9153-452: The insufficient training most therapists receive prior to working with transgender clients, potentially increasing financial strain on clients without providing the treatment they need. Many clinicians who work with transgender clients only receive mediocre training on gender identity, but introductory training on interacting with transgender people has recently been made available to health care professionals to help remove barriers and increase
9266-423: The job, scheduling changes, and changes to the way work assignments are chosen or communicated. An employer is not required to provide an accommodation that would involve undue hardship (excessive difficulty or expense), and the individual who receives the accommodation must still perform the essential functions of the job and meet the normal performance requirements. An employee or applicant who currently engages in
9379-742: The level of service for the transgender population. In February 2010, France became the first country in the world to remove transgender identity from the list of mental diseases. A 2014 study carried out by the Williams Institute (a UCLA think tank) found that 41% of transgender people had attempted suicide, with the rate being higher among people who experienced discrimination in access to housing or healthcare, harassment, physical or sexual assault, or rejection by family. A 2019 follow-up study found that transgender people who wanted and received gender-affirming medical care had significantly lower rates of suicidal thoughts and attempts. However,
9492-506: The list of aggravating factors in sentencing, where the accused commits a criminal offence against an individual because of those personal characteristics. Similar transgender laws also exist in all the provinces and territories. In the United States, transgender people are protected from employment discrimination by Title VII of the Civil Rights Act of 1964 . Exceptions apply to certain types of employers, for example, employers with fewer than 15 employees and religious organizations. In 2020,
9605-494: The mid-1900s. Historical depictions, records and understandings are inherently filtered through modern principles, and were largely viewed through a medical and (often outsider) anthropological lens until the late 1900s. Some historians consider the Roman emperor Elagabalus to have been transgender. Elagabalus was reported to have dressed in a feminine manner, preferred to be called "Lady" instead of "Lord" and may have even sought
9718-402: The negative attitudes and behaviours of such others as legal entities does not indicate GD. GD does not imply an opinion of immorality; the psychological establishment holds that people with any kind of mental or emotional problem should not receive stigma. The solution for GD is whatever will alleviate suffering and restore functionality; this solution often, but not always, consists of undergoing
9831-474: The operation of several specified "major bodily functions". The act overturned a 1999 US Supreme Court case that held that an employee was not disabled if the impairment could be corrected by mitigating measures; it specifically provides that such impairment must be determined without considering such ameliorative measures. It also overturned the court's finding that an impairment that substantially limits one major life activity must also limit others to be considered
9944-494: The origins of being transgender. Much study came out of Germany, and was exported to other Western audiences. Cross-dressing was seen in a pragmatic light until the late 1800s; it had previously served a satirical or disguising purpose. But in the latter half of the 1800s, cross-dressing and being transgender became viewed as an increasing societal danger. William A. Hammond wrote an 1882 account of transgender Pueblo "shamans" [ sic ] ( mujerados ), comparing them to
10057-404: The outside world." The US Chamber of Commerce argued that the costs of the ADA would be "enormous" and have "a disastrous impact on many small businesses struggling to survive." The National Federation of Independent Business , an organization that lobbies for small businesses, called the ADA "a disaster for small business". Pro-business conservative commentators joined in opposition, writing that
10170-501: The passage of the ADA, the use of captioning has expanded. Entertainment, educational, informational, and training materials are captioned for deaf and hard-of-hearing audiences at the time they are produced and distributed. The Television Decoder Circuitry Act of 1990 requires that all televisions larger than 13 inches sold in the United States after July 1993 have a special built-in decoder that enables viewers to watch closed-captioned programming. The Telecommunications Act of 1996 directs
10283-424: The pornographically derived term tranny for drag queens or people who engage in transvestism or cross-dressing; this term is widely considered an offensive slur if applied to transgender people. A precise history of the global occurrence of transgender people is difficult to assess because the modern concept of being transgender, and of gender in general in relation to transgender identity, did not develop until
10396-733: The rate of the general population, and over half had been harassed or turned away when attempting to access public services. Members of the transgender community also encounter high levels of discrimination in health care. As of 2017 , 36 countries in Europe require a mental health diagnosis for legal gender recognition and 20 countries require sterilisation. In April 2017, the European Court of Human Rights ruled that requiring sterilisation for legal gender recognition violates human rights. Jurisdiction over legal classification of sex in Canada
10509-496: The regulation of the internal employment of churches was "... an improper intrusion [of] the federal government." Many companies, corporations, and business groups opposed the Americans with Disabilities Act, arguing that the legislation would impose costs on businesses. Testifying before Congress, Greyhound Bus Lines stated that the act had the potential to "deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to
10622-416: The related social expectations that may accompany a given gender role. Many transgender people reject the term transsexual . Christine Jorgensen publicly rejected transsexual in 1979 and instead identified herself in newsprint as trans-gender , saying, "gender doesn't have to do with bed partners, it has to do with identity." Some have objected to the term transsexual on the basis that it describes
10735-622: The relative urgency of their need (if any) for sex reassignment surgery. Contemporary views on gender identity and classification differ markedly from Harry Benjamin's original opinions. Sexual orientation is no longer regarded as a criterion for diagnosis, or for distinction between transsexuality, transvestism and other forms of gender-variant behavior and expression. Benjamin's scale was designed for use with heterosexual trans women, and trans men's identities do not align with its categories. Gender, gender identity, and being transgender are distinct concepts from sexual orientation. Sexual orientation
10848-550: The report was to recommend the adoption of comprehensive civil rights legislation, which became the ADA. The idea of federal legislation enhancing and extending civil rights legislation to millions of Americans with disabilities gained bipartisan support in late 1988 and early 1989. In early 1989 both Congress and the newly inaugurated Bush White House worked separately, then jointly, to write legislation capable of expanding civil rights without imposing undue harm or costs on those already in compliance with existing rules and laws. Over
10961-480: The requirement is conditioned on whether providing access through a fixed lift is "readily achievable". Other requirements exist, based on pool size, include providing a certain number of accessible means of entry and exit, which are outlined in Section 242 of the standards. However, businesses are free to consider the differences in the application of the rules depending on whether the pool is new or altered, or whether
11074-419: The sex and gender assigned to them at birth – that is, those who are neither transgender nor non-binary or genderqueer – are called cisgender . Transfeminine is a term for any person, binary or non-binary, who was assigned male at birth and has a predominantly feminine gender identity or presentation. Transmasculine refers to a person, binary or non-binary, who was assigned female at birth who has
11187-537: The specific problems faced by the transgender community in mental health has focused on diagnosis and clinicians' experiences instead of transgender clients' experiences. Therapy was not always sought by transgender people due to mental health needs. Prior to the seventh version of the Standards of Care (SOC), an individual had to be diagnosed with gender identity disorder in order to proceed with hormone treatments or sexual reassignment surgery. The new version decreased
11300-580: The subject, and perhaps the majority of all study until after WWII. Critical studies first began to emerge in the late 1800s in Germany, with the works of Magnus Hirschfeld. Hirschfeld coined the term "transvestite" in 1910 as the scope of transgender study grew. His work would lead to the 1919 founding of the Institut für Sexualwissenschaft in Berlin. Though Hirscheld's legacy is disputed, he revolutionized
11413-425: The swimming pool was in existence before the effective date of the new rule. Full compliance may not be required for existing facilities; Section 242 and 1009 of the 2010 Standards outline such exceptions. ADA provides explicit coverage for service animals . Guidelines protect persons with disabilities and indemnify businesses from damages related to granting access to service animals. Businesses are allowed to ask if
11526-885: The term transvestic fetishism , as transvestic fetishist refers to those who intermittently use clothing of the opposite gender for fetishistic purposes. In medical terms, transvestic fetishism is differentiated from cross-dressing by use of the separate codes 302.3 in the Diagnostic and Statistical Manual of Mental Disorders ( DSM ) and F65.1 in the ICD . Drag is clothing and makeup worn on special occasions for performing or entertaining, unlike those who are transgender or who cross-dress for other reasons. Drag performance includes overall presentation and behavior in addition to clothing and makeup. Drag can be theatrical, comedic, or grotesque. Drag queens have been considered caricatures of women by second-wave feminism . Drag artists have
11639-554: The term transgender should not be included in the transgender spectrum. Leslie Feinberg likewise asserts that transgender is not a self-identifier (for some people) but a category imposed by observers to understand other people. According to the Transgender Health Program (THP) at Fenway Health in Boston, there are no universally-accepted definitions, and confusion is common because terms that were popular at
11752-485: The term transgenderism in his 1965 reference work Sexual Hygiene and Pathology , writing that the term which had previously been used, transsexualism , "is misleading; actually, transgenderism is meant, because sexuality is not a major factor in primary transvestism". The term transgender was then popularized with varying definitions by transgender, transsexual, and transvestite people, including Christine Jorgensen and Virginia Prince , who used transgenderal in
11865-436: The term "sex change" has been criticized for its emphasis on surgery, and the term "transition" is preferred. Availability of these procedures depends on degree of gender dysphoria, presence or absence of gender identity disorder, and standards of care in the relevant jurisdiction. Trans men who have not had a hysterectomy and who take testosterone are at increased risk for endometrial cancer because androstenedione , which
11978-574: The term transgender, but maybe that's it. I don't think I've had any formal training just going through [clinical] programs ... I don't think most [therapists] know. Most therapists – Master's degree, PhD level – they've had ... one diversity class on GLBT issues. One class out of the huge diversity training. One class. And it was probably mostly about gay lifestyle." Many health insurance policies do not cover treatment associated with gender transition, and numerous people are under- or uninsured, which raises concerns about
12091-560: The turn of the 21st century may have since been deemed offensive. The THP recommends that clinicians ask clients what terminology they prefer, and avoid the term transsexual unless they are sure that a client is comfortable with it. Harry Benjamin invented a classification system for transsexuals and transvestites, called the Sex Orientation Scale (SOS), in which he assigned transsexuals and transvestites to one of six categories based on their reasons for cross-dressing and
12204-625: The workplace, in accessing public accommodations, and in healthcare. In many places, they are not legally protected from discrimination. Several cultural events are held to celebrate the awareness of transgender people, including Transgender Day of Remembrance and International Transgender Day of Visibility , and the transgender flag is a common transgender pride symbol. Before the mid-20th century, various terms were used within and beyond Western medical and psychological sciences to identify persons and identities labeled transsexual , and later transgender from mid-century onward. Imported from
12317-520: The years, key activists and advocates played an important role in lobbying members of the U.S. Congress to develop and pass the ADA, including Justin Whitlock Dart Jr. , Patrisha Wright and others. Wright is known as "the General" for her work in coordinating the campaign to enact the ADA. She is widely considered the main force behind the campaign lobbying for the ADA. Senator Bob Dole
12430-401: Was a supporter and advocate for the bill. Conservative evangelicals opposed the ADA because the legislation protected individuals with HIV, which they associated with homosexuality. The debate over the Americans with Disabilities Act led some religious groups to take opposite positions. The Association of Christian Schools International opposed the ADA in its original form, primarily because
12543-472: Was its chief sponsor in the Senate. Harkin delivered part of his introduction speech in sign language, saying it was so his deaf brother could understand. President George H. W. Bush , on signing the measure on July 26, 1990, said: I know there may have been concerns that the ADA may be too vague or too costly, or may lead endlessly to litigation. But I want to reassure you right now that my administration and
12656-416: Was pressure from a parent (36%)." Legal procedures exist in some jurisdictions which allow individuals to change their legal gender or name to reflect their gender identity. Requirements for these procedures vary from an explicit formal diagnosis of transsexualism , to a diagnosis of gender identity disorder, to a letter from a physician that attests the individual's gender transition or having established
12769-500: Was well discussed by medical writings of the 1500s–1700s. Pierre Petit writing in 1596 viewed the "Scythian disease" as natural variation, but by the 1700s writers viewed it as a "melancholy", or "hysterical" psychiatric disease. By the early 1800s, being transgender separate from Hippocrates' idea of it was claimed to be widely known, but remained poorly documented. Both trans women and trans men were cited in European insane asylums of
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