Gender Rights adopted in Massachusetts

Gender Identity Added to Massachusetts Non-Discrimination Laws Effective July 1, 2012

Massachusetts has taken another step toward equality and respect for all citizens by adding “gender identity” to the state’s legally protected classes of citizens. The federal government has prohibited other categories of discrimination, for example, race, religion, color, national origin, gender, disability status, and familial status. Massachusetts also prohibits such discrimination and has in the past added marital status, sexual orientation, genetic information, veteran status, and receipt of public assistance. Some cities and towns have additional protected groups, most typically student status. The reason, of course, for such legally protected status is the history of past discrimination against members of these groups simply because they were members of such groups.

To quote from the new statute, “Gender identity shall mean 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. Gender- related identity may be shown by providing evidence including, but not limited to, 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 gender-related identity is incerely held, as part of a person’s core identity; provided however, gender-related identity shall not be asserted for any improper purpose”.

Under the new state law, an employer or housing provider may not discriminate against a person on the basis of their gender identity, namely refusing to hire, promote or admit to housing someone simply because of their gender identity. By July 1, 2012, “gender identity” should be added to all lists of protected classes in such documents and policies as Tenant Selection Plans, non-discrimination policies and postings, employment applications or anywhere else such listings occur. All staff should be informed of this new state law.

Housing providers may reject or take lease enforcement action against members of such groups who do not meet eligibility or tenancy standards as they may also take adverse employment decisions against members of protected classes who fail to meet legitimate employment standards. That is the point, after all, to hold everyone to the same objective standards.