Legal Question in Discrimination Law in Massachusetts
employment of transexuals
What are the laws in Massachusetts regarding the use of restrooms for transexuals? If the person is legally one sex but identifies and is beginning to transition with the other sex, at what point is it legal for them to use the restroom of the sex they are transitioning to? What about in your place of employment? My daughter is taking male hormones and her voice is changing, she has the beginnings of a mustache but still has female anatomy. She tried using the men's room at work and was confronted by another male employee. She panicked and just left work without a word and never went back. I'm afraid the incident will be reported and will go on her record and that she could end up being charged with some kind of sex charge if she does it again and gets caught.
1 Answer from Attorneys
Re: employment of transexuals
The legal issues surrounding transgender rights in Massachusetts are changing rapidly. Your daughter (or son, if preferred) is lucky to have a supportive and engaged parent on his side.
Your son did nothing wrong - and certainly did not violate any laws - by using the bathroom that matches his new gender-presentation. I hope this eases your worst fear.
Massachusetts is very close to passing - but has not yet passed - a law that adds transgender persons to the list of protected groups under its non-discrimination statutes. However, advocates have been successful in finding protections for transgender persons under Massachusetts's existing laws prohibiting discrimination on the basis of sex and disability.
Depending on the specific facts of your son's employment, your son may have a claim of discrimination against your employer under Massachusetts's discrimination laws. Claims under Massachusetts's discrimination laws must be brought within 300 days of the discriminatory, so you may want to instruct your son to speak with an attorney as soon as possible.
Please feel free to contact me and review my website and blog for more information.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
