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Transgender safety worries
Pattie Hunt Sinacole consults with attorney Arielle Kristan
Q: I work at a larger company in Boston. I am worried. I am trans and the company has stripped their commitment to DEI and particularly trans rights. I have lots of friends in the LGBTQ+ community and we feel unsafe. I am not sure if the federal government laws might hurt us. Does Massachusetts follow the federal law? Or is it a stand-alone state? I also worry about our safety.
A: Thanks for your question. This question is an important one in 2025. It is a scary time for the LGBTQ+ community. Both federal and state anti-discrimination laws continue to prohibit discrimination in employment based on gender identity or sexual orientation.
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I consulted with Ari Kristan, a Boston-based employment attorney. Kristan confirmed that in Massachusetts, employees are protected by both federal and state anti-discrimination laws. Title VII of the Civil Rights Act of 1964, is a federal law that prohibits discrimination based on certain protected characteristics, including sex. Kristan shared that the Supreme Court held in Bostock v. Clayton County that the prohibition against discrimination based on sex also forbids discrimination based on gender identity and sexual orientation. This ruling ensures that this protection is still the “the law of the land,” and it will be unless Title VII as amended, or Bostock is overturned.
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Kristan further explains: “Even if federal law changes, Massachusetts law would still prohibit employers from discriminating based on gender identity or sexual orientation. In the Commonwealth of Massachusetts, our anti-discrimination laws expressly prohibit discrimination on the basis of gender identity and sexual orientation in employment, housing, credit, and public accommodations. Translated, this means it is illegal for an employer to discriminate because of gender identity or sexual orientation in decisions related to recruitment, hiring, firing, discipline, promotion, wages, job assignments, training, benefits, and other terms and conditions of employment. In other words, employers must treat LGBTQ+ employees just as favorably as they treat non-LGBTQ+ employees.”
Additionally, both federal and state anti-discrimination laws also prohibit discrimination in the form of workplace harassment. The Massachusetts Commission Against Discrimination states that discrimination “may take the form of unwelcome verbal or physical conduct, including but not limited to derogatory comments, jokes, drawings or photographs, touching or gestures.”
Employees outside of Massachusetts should consult their state and local laws to find out whether they protect the rights of LGBTQ+ workers. The Human Rights Campaign, www.hrc.org is one resource that may be helpful.
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