CLIENT ALERT – Gender Identity Now a Protected Category under Massachusetts Employment Discrimination Law

Effective July 1, 2012, gender identity will become a protected category under Massachusetts employment discrimination and other civil rights laws. The new legislation amends existing state anti-discrimination statutes to prohibit discrimination based on gender identity, defined as an individual’s gender-related identity, appearance, or behavior, which may be different from that traditionally associated with the individual’s physiology or assigned sex at birth. Gender-related identity may be shown by providing evidence such as 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 sincerely held as part of a person’s core identity. The law prohibits individuals from asserting gender-related identity for any improper purpose.