Issue Spot Podcast Episode 4: Gender Identity and Public Accommodations in Massachusetts

At a BBA-hosted event held on March 8, an expert panel discussed a recently-enacted law—which the BBA supported—prohibiting discrimination on the basis of gender identity in places of public accommodations.  Jill Zellmer (Tufts University), Mason Dunn (Massachusetts Transgender Political Coalition), and Catherine Reuben (Hirsch Roberts Weinstein), offered insight into the issues addressed by the law, dispelled common misinterpretations, and informed attendees on what “public accommodations” does – and doesn’t – include.

Mason Dunn, MTPC’s executive director, explained that a person’s sex is determined biologically, but gender is more complex. He also spoke about the importance of the prior transgender-rights law, adopted in 2011, which barred discrimination on gender identity in a variety of areas—but not public accommodations, which were left out until 2016.

What does the new law cover?  Attorney Catherine Reuben provided some examples, including colleges and universities, municipal-run facilities, and some business offices. Reuben added that transgender discrimination violates Title VII, and although the new Administration has withdrawn an advisory letter from the Obama Administration saying that transgender discrimination violates Title IX, the case law still supports that view.

Jill Zellmer, from Tufts’ Equal Opportunity Office, offered practical guidance on what schools and other places of public accommodation can do to increase inclusion.  She advises facilities to consider creating or reconfiguring bathrooms or changing rooms, for example, that are both gender-neutral and can serve people in wheelchairs—complying with two sets of regulations at once.

But what if a facility lacks the capacity, or the money, to create an entirely new set of gender-neutral accommodations?  Zellmer counseled that users should choose the option they feel the most safe and comfortable with, and the facility should do the best they can, while taking into account the individual concerns of users.  “It’s all about the interactive dialogue,” says Reuben, as is the case with the Americans with Disabilities Act.