CAP Submits Comments Against the Proposed Rule To Amend the Finalized HHS Rule on ‘Nondiscrimination on the Basis of Disability Programs or Activities Receiving Federal Assistance’

The Center for American Progress submitted comments to the Department of Health and Human Services opposing its proposed rule that would deny Section 504 of the Rehabilitation Act’s protections for individuals diagnosed with gender dysphoria.

Advancing Racial Equity and Justice, Disability, LGBTQI+ Health

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The Trump administration is attempting to deny individuals diagnosed with gender dysphoria protections covered under Section 504 of the Rehabilitation Act. On May 9, 2024, the Biden administration’s Department of Health and Human Services (HHS) finalized and published a new rule to ensure programs funded by the agency did not discriminate against disabled people. The 2024 rule explained in the preamble of the department’s notice of proposed rulemaking that HHS would interpret gender dysphoria as a possible disability and created a pathway to protect people diagnosed with gender dysphoria under Section 504 of the Rehabilitation Act. This was based off of a 4th Circuit case, Williams v. Kincaid. The Trump administration argues to narrowly define disability, which goes against the Rehabilitation Act and the Americans with Disabilities Act. This rule will allow unequal protection under the law of an extremely vulnerable population.

This comment was submitted on January 19, 2026, but has not been published by HHS as of January 26, 2026.

Click here to read CAP’s comment letter.

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Authors

Mia Ives-Rublee

Senior Director, Disability Justice Initiative

Casey Doherty

Policy Analyst, Disability Justice Initiative

Haley Norris

Policy Analyst, LGBTQI+ Policy

Teams

Disability Justice Initiative

We promote policies to ensure disabled people of color and those most marginalized by ableism and other forms of oppression can participate in the economy and democracy.

LGBTQI+ Policy

The LGBTQI+ Policy team provides timely, strategic resources on policy issues affecting LGBTQI+ communities.