Frank C. Morris, Jr., a Member of the Firm in the Litigation and Employee Benefits practices, in the firm’s Washington, DC, office, was quoted in the Bloomberg BNA Daily Labor Report, in “Disability Bias Ruling for Transgender Worker: Boon or Blip?” by Patrick Dorrian. (Read the full version – subscription required.)
Following is an excerpt:
For one thing, it’s not clear that “at the end of the day” there will be many cases with facts that fit within the court’s holding, management-side attorney Frank C. Morris Jr. of Epstein Becker & Green said. He heads the firm’s employment, labor and workforce management practice in Washington and co-chairs its ADA and public accommodations group. …
Epstein Becker’s Morris pointed to another potential limitation on the reach of the court’s analysis. Blatt’s case probably “could have been pleaded effectively without getting into gender dysphoria,” he said.
It likely would have been enough at this early stage for Blatt to simply have alleged that she has mental health concerns requiring job accommodations that weren’t provided, he said. It typically wouldn’t be part of the ADA analysis at the pleading stage to get into what caused the mental health condition, Morris said.
