Legal Protections in Public Settings: A Critical Public Health Issue for Transgender and Gender-Nonconforming People

Gender minority people who are transgender or gender nonconforming experience widespread discrimination and health inequities. Since 2012, Massachusetts law has provided legal protections against discrimination on the basis of gender identity in employment, housing, public education, and business. However, the law does not protect against discrimination based on gender identity in places open to the public, such as transportation, retail stores, restaurants, health care facilities, and bathrooms.

A new Early View study in The Milbank Quarterly that surveyed transgender and gender nonconforming adults in Massachusetts has found that discrimination in public settings is not only common, but is associated with adverse health outcomes. The study, by lead author Dr. Sari Reisner of Harvard T.H. Chan School of Public Health and Fenway Health, and colleagues, examines the relationship between social stressors, including discrimination, and the health and well-being of gender minority adults in Massachusetts since the 2012 implementation of the state’s gender identity nondiscrimination law. It also looks at the frequency and health correlates of public-setting discrimination among gender minority adults in Massachusetts, with particular attention to discrimination in health care settings, such as health centers, hospitals, and nursing homes.