Massachusetts Signs Law Prohibiting Gender Identity Discrimination

Morgan Lewis
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On November 23, Governor Deval Patrick of Massachusetts signed House Bill 3810 into law. The law prohibits private employers with six or more employees in Massachusetts from discriminating against employees and applicants on the basis of gender identity. Gender identity will become a protected category with respect to private employment, and will be added as a protected category to several laws designed to protect people from hate crimes and harassment. It will also affect public or charter school policies, public accommodations, credit and lending services, and certain other civil rights protections. The new law will go into effect on July 1, 2012.

House Bill 3810

The law defines "gender identity" 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. The definition covers transgender individuals. It is estimated that approximately 33,000 citizens of the Commonwealth of Massachusetts will be covered by the new law.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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