ADA Frequently Asked Questions

Category: General

Is gender dysphoria considered a disability?

In the case of Jane Doe v. Georgia Department of Corrections (GDC), the U.S. Department of Justice (DOJ) issued a statement of interest filed on January 8th, 2024 which clarified that gender dysphoria - a serious medical condition that arises when a person experiences significant distress or impairment because of the differences between their gender identity and assigned sex - would meet the ADA definition of disability.

While the ADA does not consider gender identity (a person's sense of self in relation to gender) to be a disability, the DOJ clarified in their statement that gender dysphoria is not a way of identifying oneself, but rather, a medical condition that can result in clinically significant stress and impairment that meets the ADA definition of disability.

The DOJ identified the following points in their statement:

• The definition of disability is meant to be interpreted broadly.


• When Congress enacted the ADA, it included a list of non-disabilities such as "transsexualism" and "gender identity disorders". However, these terms merely referred to identifying as a different gender from ones assigned sex at birth which is why they are not considered disabilities.


• Gender dysphoria can be a disability when it causes significant clinical distress and impairment.


• A diagnosis of gender dysphoria can require clinical interventions such as hormone therapy or gender-affirming surgery to reduce the likelihood of other health consequences (suicide, etc.).


• Like gender identity, normal pregnancy is another common example of a status that is not considered a disability on its own under the ADA but may have related complications or conditions that do qualify as a disability.

Resource(s): Doe v. Georgia Department of Corrections - Statement of Interest (January 8, 2024)