Overview. Transgender individuals in Massachusetts now have the legal right to use restrooms, changing rooms, and locker rooms that correspond to their gender identity, regardless of their biological sex. Additionally, no place of public accommodation (that is any place that is open to and solicits the patronage of the general public) will be allowed to discriminate or advertise in a way that discriminates based on gender identity.
Effective Date. October 1, 2016
Details. Massachusetts’ anti-discrimination law already protects individuals from employment discrimination based on gender identity. Now, there is no doubt that employers must allow transgender employees to use the bathroom that corresponds with their gender identity.
A transgender accommodation law which took effect on October 1, 2016, allows transgender individuals to use restrooms, changing rooms, and locker rooms that match their gender identities rather than the biological sex assigned at their birth. The law also protects transgender individuals from discrimination in places of public accommodation and prohibits advertising that discriminates on the basis of gender identity.
A violation of the law is punishable by a fine of not more than $100, imprisonment for not more than 30 days, or both.
Call to Action. Massachusetts employers should:
· Review company policies and advertisements to ensure compliance with the new law; and
· Ensure that supervisors are prepared to receive employee requests for accommodation and to promptly respond and comply with such requests.
As always, please be sure to contact your Relationship Manager or Service Team with any questions.