Massachusetts Legislature Passes Transgender Rights Bill

On November 16, 2011, the Massachusetts Legislature passed a bill that would protect transgender people in Massachusetts from discrimination in employment, housing, mortgage loans and credit. The bill also affords transgender people protection under existing hate crime laws.

The bill, entitled, An Act Relative to Gender Identity, seeks to amend the Commonwealth's non-discrimination laws to include "gender identity" as a new protected category. Gender identity would be defined as "a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth." (HB 3810).

According to the language of the bill, evidence of a person's gender identity may include "medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the person's gender-related identity is sincerely held, as part of the person's core identity." (HB 3810). The bill also provides that while transgender people may not be discriminated against on the basis of their gender identity, transgender people may not assert their gender identity "for any improper purpose." (HB 3810). Notably, the bill does not include language to protect transgender people in public accomodation settings, such as hotels, restaurants, clubs and restrooms.

The House enacted the bill by a vote of 93-60, and the Senate passed the bill on a voice vote. Governor Deval Patrick has 10 days to sign, amend or veto sections of the bill.

Earlier this week, Governor Patrick announced his intent to sign the bill, which would go into effect on July 1, 2012.

With the passage of this bill, Massachusetts joins over a dozen of other states in protecting transgender people from discrimination in the workplace.

By: Dana L. Fleming

Dana L. Fleming is an associate in Seyfarth's Boston office. If you would like further information, please contact your Seyfarth Shaw LLP attorney, or Dana L. Fleming at dfleming@seyfarth.com.