Gender Identity Is Now a Protected Class in Massachusetts

Author: Beth P. Zoller, Brightmine Legal Editor

On July 1, 2012, the Transgender Equal Rights Bill goes into effect in Massachusetts. The law explicitly prohibits discrimination and harassment based on gender identity in employment and specifically amends the Massachusetts Fair Employment Practices Act to include gender identity as a protected category. +Mass. Gen. Laws ch. 151B, § 4.

This law will have a significant impact on covered employers and require that they revisit, and - if necessary - amend workplace policies and practices to ensure compliance. The Massachusetts Fair Employment Practices Act applies to public employers and private employers with six of more employees. As a result of this new amendment, covered employers are now prohibited from refusing to hire, discharging or otherwise discriminating against individuals based on gender identity with respect to compensation or other terms, conditions, and privileges of employment. Employers are also prohibited from retaliating against individuals who complain of discrimination or harassment on the basis of gender identity.

The statute defines gender identity broadly as "a person's gender related identity, appearance or behavior, whether or not that that gender related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth." +Mass. Gen. Laws ch. 151B, § 7.

In effect, this law provides protection from discrimination and harassment in employment for transgender and transsexual individuals.

In light of this new law, Massachusetts employers should make sure to update their workplace policies, practices and procedures to include this new protected category and state that discrimination and harassment against employees and applicants based on the gender identity is unlawful. Further, employers should implement sensitivity and diversity training for supervisors and employees regarding discrimination and harassment against transgender individuals. Employers should also consider updating dress codes and appearance policies as well as policies regarding the use of restroom and locker rooms to ensure compliance with this new law.