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Back to: Category Link » GLBT » News » Home
News :: GLBT


Advocates, opponents of trans rights bill to have their say on Beacon Hill
(Continued from Page 1)
by Ethan Jacobs



Dressing for success
Beyond concerns about bathrooms, MassResistance’s Contrada has also made one of the more common complaints leveled against transgender rights legislation, that it would threaten the right of employers to set dress codes in the workplace and that men will begin coming to work wearing dresses. Levi said that H.B. 1722 does nothing to lessen an employer’s right to set dress codes.

"The law doesn’t at all allow for workplace anarchy. Ultimately someone who seeks protection under the law has to demonstrate that they have faced adverse treatment because of their gender identity," said Levi.

She said opponents of legislation in other states have made the same "man in a dress" argument, but the track record of other states that have passed similar laws suggests that that argument has little substance.

"Whoever that mythical man is ... [he] hasn’t shown up in any of these states nor the District of Columbia that have passed these laws," said Levi. "And if that person showed up dressed in a way that, if somebody was dressing in a particular way just for the purposes of causing problems for their employer that person wouldn’t be protected by the law."

But the law would provide protection to transgender people on the job. It would be illegal to fire someone for transitioning. It would also be illegal to fire or refuse to hire someone because the employer discovers that person is transgender. Langley said it would also be illegal to fire someone if an employer discovers that they live as another gender or cross-dress off the job. And the law would protect non-transgender-identified people as well. A woman who feels more comfortable wearing a suit and tie rather than a skirt suit would be permitted to do so.

"The employer would have to allow an individual to dress in a way that most accurately comports with their identity," said Langley.

Scott said people at the hearing would testify about their own experiences of being fired or mistreated on the job because of their gender identity or expression. He said panels will also feature testimony from employees of companies that have voluntarily adopted trans-inclusive non-discrimination policies, and they will explain that those policies helped create a more supportive and stable work environment. Scott declined to name the inclusive companies represented by those planning to testify, saying that all of the people testifying will do so as individuals, not as company spokespeople. But according to Human Rights Campaign’s Corporate Equality Index, which rates companies according to their LGBT-related policies, at least 155 Massachusetts companies have gender identity-based non-discrimination policies. Among those companies are Mitt Romney’s former consulting firm, Bain & Co., defense contractor Raytheon, office supply giant Staples, and Genzyme, one of the region’s leading biotech companies.


Next: A question of civil rights



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