94-348 C.M.R. ch. 3, § 16 - SEXUAL ORIENTATION OR GENDER IDENTITY DISCRIMINATION

In addition to any other unlawful practice on the basis of sexual orientation or gender identity prohibited by this chapter or the Act:

1. Obligation to make reasonable accommodations

A. It is unlawful employment discrimination for an employer, employment agency or labor organization to fail or refuse to make reasonable accommodations in rules, policies, practices or services that apply directly or indirectly to gender identity or gender expression, unless the covered entity can demonstrate that the accommodations would impose an undue hardship on the conduct of the business of the covered entity.

B. It is an unlawful employment practice for an employer, employment agency or labor organization to deny employment or labor organization membership opportunities to an applicant, employee or labor organization member if the denial is based on the need of the covered entity to make reasonable accommodations in rules, policies, practices or services that apply directly or indirectly to gender identity or gender expression, unless the covered entity can demonstrate that the accommodations would impose an undue hardship on the operation of the business of the covered entity.

C. With respect to the two preceding paragraphs, the burden of proof on the issue of whether the accommodations would impose an undue hardship is on the employer, employment agency or labor organization. Resolution of such cases depends on the specific factual circumstances and involves a balancing of the needs of the applicant, employee or labor organization member with the degree of hardship imposed on the covered entity's business operation.

D. An employer, employment agency, or labor organization cannot establish an undue hardship by asserting that the individual's sexual orientation or gender identity, or their expression of their sexual orientation or gender identity, would make others uncomfortable.

E. Examples of potential reasonable accommodations include, but are not limited to, allowing employees to go by the name of their choosing rather than their legal names while in the workplace; providing gender-neutral/nongendered restrooms; and modifying any uniform or dress code requirements to allow employees to dress in accordance with their gender identity.

Notes

94-348 C.M.R. ch. 3, § 16