Regulatory notes: Massachusetts passes new transgender discrimination rules
Massachusetts has recently changed its laws regarding gender identity discrimination. The law adds “gender identity” to the list of things you can’t discriminate against, just like race, color, or religion.
The final regulations are going to come down the pike at the end of the month, and those will lay out the specific requirements of the new law. When the new regulations become final on October 1, the following will change:
- Gender identity discrimination is made illegal, just like race, religion, national origin, and sex. The gender identity has to be “sincerely held,” whatever that means. The regulations note that the courts haven’t ruled on how “sincere” a belief has to be.
- Transgender people have the right to use facilities (locker rooms, bathrooms, schools) consistent with their gender identity. Â Single-sex facilities (bathrooms, locker rooms, changing rooms etc) are still legal. It’s now illegal to ask for proof that they’re really the identity that they claim.
- Any kind of retaliation against transgendered people is illegal.
The law is Bill S.2407. You can find the regulations issued by the Massachusetts Commission Against Discrimination are located here.
