Massachusetts Governor Signs Transgender Anti-Discrimination Act

On July 8, 2016, Massachusetts Governor Charlie Baker signed S.B. 2407, An Act Relative to Transgender Anti-Discrimination, protecting individuals whose gender identity differs from their sex assigned at birth. The emergency law was passed to extend protection of transgender people in places of public accommodations. Under the law, a lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation, resort or amusement that lawfully segregates or separates access based on a person’s sex must grant all individuals admission to, and the full enjoyment of, such place of public accommodation or portion thereof consistent with the person’s gender identity. Transgender people have the right to access restroom and locker rooms that match their gender identity. Furthermore, the act authorizes the Massachusetts Commission Against Discrimination to adopt policies and make recommendations on when and how gender identity may be “evidenced.” The act also authorizes the Attorney General’s Office to issue regulations on referring any individual whose assertion of a gender identity is for an improper purpose to an appropriate law enforcement agency.

Employers and business owners must revise their non-discrimination policies and provide appropriate training to their employees. The law will become effective October 1, 2016.