Pride Month is a good moment to step back and look at where things actually stand for LGBTQ+ workers at their jobs.
Here is the short version: federal protections have weakened in some ways, but Massachusetts has some of the strongest LGBTQ+ workplace protections in the country, and none of that has changed.
Massachusetts workers should not assume their rights at work have eroded just because the headlines suggest broader protections are slipping.
Why Massachusetts workers are in a strong position
Massachusetts has been a leader on LGBTQ+ workplace protections for decades. State law makes it illegal for an employer to fire, refuse to hire, demote, harass, or otherwise discriminate against an employee because of their sexual orientation or gender identity. Here is how that plays out in practice:
- It has been illegal to discriminate against LGBTQ+ workers in Massachusetts for a long time. Sexual orientation has been protected since 1989. Gender identity, which includes how someone expresses their gender at work, has been explicitly protected since 2011 and 2012. These protections apply to nearly all employers in the state, whether public or private.
- Massachusetts covers smaller employers than federal law does. Federal anti-discrimination law only applies to employers with fifteen or more employees. Massachusetts protections kick in at six. If you work for a smaller company, federal law may not cover you, but state law likely does.
- You can recover more in a Massachusetts case. When an employee wins a discrimination lawsuit under federal law, the amount they can be awarded is capped by statute. Massachusetts does not have those same caps, which means the financial accountability for employers who break the law can be greater.
- There are multiple ways to enforce your rights. You can file a complaint with the Massachusetts Commission Against Discrimination (MCAD), which is the state agency that investigates workplace discrimination. In many cases, you can also bring a private lawsuit. You do not have to rely on the federal government to take your case seriously.
The result is that an LGBTQ+ worker in Massachusetts has overlapping legal protections at the state level that do not depend on what is happening in Washington.
What has actually changed at the federal level
The federal changes are real, but they are more narrow than the broad framing of “rollbacks” can suggest. Here is what has happened and what it means at work:
- Federal contractor rules changed. Companies that do business with the federal government used to be required to have specific LGBTQ+ non-discrimination policies in place as a condition of those contracts. That requirement was removed. In practical terms, if you work for a federal contractor, your employer is no longer required by the federal government to maintain an LGBTQ+ non-discrimination policy. (But, as we’ll explain below, your employer is still bound by other laws that protect you.)
- The EEOC pulled back its guidance. The EEOC is the federal agency that handles workplace discrimination complaints. It used to publish detailed guidance explaining how the law applies to common LGBTQ+ workplace issues, like an employer refusing to use an employee’s correct pronouns, refusing restroom access consistent with someone’s gender identity, or outing an employee without their consent. That guidance was withdrawn. The underlying law still makes discrimination illegal, but the federal agency has stepped back from spelling out how it applies to these specific situations.
- The EEOC is taking fewer LGBTQ+ cases. Workers can still file complaints with the EEOC, but the agency has publicly said it will not pursue as many of these cases as it did before. If you file a federal complaint, there is a higher chance the agency declines to investigate or pursue it on your behalf.
What has not changed at the federal level
This is the part that often gets lost.
In 2020, the U.S. Supreme Court ruled that it is illegal under federal law to fire someone or otherwise discriminate against them at work because they are gay, lesbian, or transgender. That ruling is still in effect. It applies to private employers with fifteen or more employees in every state. No executive order or agency action has overturned it, and the federal government cannot overturn a Supreme Court decision by itself.
So if you are an LGBTQ+ employee at a larger employer anywhere in the country, federal law still protects you against workplace discrimination. What has changed is the federal government’s appetite for actively enforcing that law and explaining how it applies. The law itself is still there.
What this means for you, depending on where you work
- If you work for a private employer in Massachusetts (most workers in the state), your protections are essentially unchanged. State law was already stronger than federal law in most respects, and state law has not moved. If you experience discrimination or harassment because you are LGBTQ+, you can still file with MCAD or pursue a lawsuit.
- If you work for a federal contractor in Massachusetts (common in industries like biotech, defense, higher education, and healthcare), the federal contractor rules specific to LGBTQ+ protections were removed, but you are still protected by federal law under the Supreme Court ruling above, and by Massachusetts state law. Your employer is still legally prohibited from discriminating against you because you are LGBTQ+.
- If you are a federal employee, the changes affect you most directly. Federal employees have their own set of procedures for raising workplace discrimination concerns, and those processes have shifted along with the broader federal changes. If you are in this situation, it is worth getting legal advice specific to federal employment.
- If you are an employer in Massachusetts, none of the federal changes reduce your obligations under state law. Massachusetts law often imposes stricter requirements than federal law, and complying with federal guidance alone is not enough.
The bottom line
The federal picture is shifting, and the uncertainty is real. But Massachusetts workers are not starting from the same place as workers in states with weaker laws. State protections here have been built up over more than three decades, and they have not moved.
If you are an LGBTQ+ employee in Massachusetts who believes you have been discriminated against or harassed at work, you still have strong legal options. If you are an employer trying to navigate the current environment, your obligations under state law remain fully in force.
Workers and employers with questions about a specific situation should speak with an experienced Massachusetts employment law attorney. Contact Rodman Employment Law to discuss your situation.
