HHS proposes Section 504 rule codifying exclusion of gender dysphoria from disability protections
- Date
- Actor
- HHS Office for Civil Rights
- Agency
- Department of Health and Human Services (HHS)
- Type
- Proposed rule
Summary
NPRM (90 FR, doc. 2025-23484; RIN 0945-AA27) to revise 45 CFR 84.4(g), codifying HHS's interpretation that "gender dysphoria not resulting from a physical impairment" falls within the Rehabilitation Act/ADA statutory exclusions from the definition of disability — converting the April 2025 non-enforcement "clarification" into regulation and foreclosing Section 504 claims by transgender people premised on gender dysphoria. Original comment deadline January 20, 2026; comment period reopened February 2, 2026 (through February 20, 2026).
Status
Pending; final rule not identified as of August 20, 2026.
As recorded in the data of . Check the sources for anything newer.
Documents
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Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance, 90 Fed. Reg. 59,478 (proposed Dec. 19, 2025) (to be codified at 45 C.F.R. pt. 84).
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Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance, 91 Fed. Reg. 4467 (proposed Feb. 2, 2026) (to be codified at 45 C.F.R. pt. 84).