Effective October 1, 2016, transgender individuals in Massachusetts will have the legal right to use restrooms, changing rooms, and locker rooms that correspond to their gender identity, regardless of their assigned 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
Coverage: All employers with operations in Massachusetts.
Action Required:
- Ensure that supervisors are prepared to receive employee requests for accommodation and promptly respond and comply with such requests or report them to the appropriate employer designated official;
- Review company policies and advertisements to ensure compliance with the new law; and
- Contact your Human Resources Business Partner if you have any questions.
Massachusetts’ state 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.
On July 11, 2016, Governor Charlie Baker signed Massachusetts’ transgender accommodations bill into law, which will allow 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. The new law goes into effect October 1, except for the prohibition against discriminatory advertising, which is effective immediately.
The Massachusetts Commission Against Discrimination is tasked with promulgating regulations for the implementation of the new law, including when and how gender identity may be evidenced. The state Attorney General’s office is tasked with issuing guidance for referring anyone who asserts a gender identity for an improper purpose to the appropriate law enforcement agency. These regulations are expected to be published before October 1. We will notify clients upon publication.
A violation of the law is punishable by a fine of not more than $100, imprisonment for not more than 30 days, or both. Massachusetts employers should begin reviewing their policies and advertisements to ensure compliance with the new law when it takes effect.
As always, please be sure to contact your Human Resources Business partner if you have any questions.