A New Potential Disability: Being Male?

October 7, 2008

Could "being male" be a legally recognized disability? A good-faith argument supporting such a claim will be made eventually, says a Proskauer Rose partner who argues that men's greater susceptibility to certain diseases, a shorter life expectancy and a testosterone level that predisposes them to more aggressive behavior are factors that could be classified as a disability. A Morgan Lewis partner says employers are bracing for more disability claims in general, due to a federal law taking effect next year.