Gender Dysphoria Covered by the Americans with Disabilities Act (ADA). In Williams v. Kincaid, No. 21-2030 (4th Cir. Aug. 16, 2022), a divided panel of the U.S. Court of Appeals for the Fourth Circuit held that Gender Dysphoria is not excluded from the broad definition of “disability” protected under the ADA. According to the American Psychiatric Association, Gender Dysphoria refers to “psychological distress that results from an incongruence between one’s sex assigned at birth and one’s gender identity.” And according to the Williams decision, gender dysphoria, which causes “clinically significant distress” and other disabling symptoms, can be a disability covered by the ADA. The Williams decision is controlling in the Fourth Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia. However, employers across the country should take note of the decision and understand that the reasoning of the Williams court could be adopted in their jurisdictions.
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Massachusetts: Late Paid Vacation Leave of $9,0000.00 Becomes an Award of Over $100,000.00 On April 4, 2022, the Supreme Judicial Court of Massachusetts (SJC) issued a decision that should shock employers in Massachusetts. In Reuter v. City of Methuen, the SJC held that all violations of Massachusetts’ Wage Act, even those remedied by the employer prior to the employee filing suit, entitle the aggrieved employees to recover three times the total amount of unpaid wages as liquidated damages.
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