August 23, 2022
In the first such decision by a federal appellate court, the U.S. Court of Appeals for the Fourth Circuit ruled that the Americans with Disabilities Act (ADA) protects individuals with gender dysphoria. The decision, Williams v. Kincaid, No. 21-2030 (4th Cir. Aug. 16, 2022), has immediate consequences for employers in states within the jurisdiction of the Fourth Circuit: Maryland, North Carolina, South Carolina, Virginia, and West Virginia. Employers in California should heed this development, as the Ninth Circuit (and others) may follow suit.