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* Published: 23 July 2018
GENDER IDENTITY NONDISCRIMINATION LAWS IN PUBLIC ACCOMMODATIONS: A REVIEW OF
EVIDENCE REGARDING SAFETY AND PRIVACY IN PUBLIC RESTROOMS, LOCKER ROOMS, AND
CHANGING ROOMS
* Amira Hasenbush ORCID: orcid.org/0000-0002-4957-87731,
* Andrew R. Flores1,2 &
* Jody L. Herman1
Sexuality Research and Social Policy volume 16, pages 70–83 (2019)Cite this
article
* 14k Accesses
* 25 Citations
* 1684 Altmetric
* Metrics details
ABSTRACT
Legislation, regulations, litigation, and ballot propositions affecting public
restroom access for transgender people increased drastically in the last
three years. Opponents of gender identity inclusive public accommodations
nondiscrimination laws often cite fear of safety and privacy violations in
public restrooms if such laws are passed, while proponents argue that such laws
are needed to protect transgender people and concerns regarding safety and
privacy violations are unfounded. No empirical evidence has been gathered to
test such laws’ effects. This study presents findings from matched pairs
analyses of localities in Massachusetts with and without gender identity
inclusive public accommodation nondiscrimination ordinances. Data come from
public record requests of criminal incident reports related to assault, sex
crimes, and voyeurism in public restrooms, locker rooms, and dressing rooms to
measure safety and privacy violations in these spaces. This study finds that the
passage of such laws is not related to the number or frequency of criminal
incidents in these spaces. Additionally, the study finds that reports of privacy
and safety violations in public restrooms, locker rooms, and changing rooms are
exceedingly rare. This study provides evidence that fears of increased safety
and privacy violations as a result of nondiscrimination laws are not empirically
grounded.
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Fig. 1
Fig. 2
NOTES
1. See, e.g., EEOC v. Harris Funeral Homes, 2018, which affirmed the Sixth
Circuit’s previous holdings that discrimination against a transgender
individual is illegal sex discrimination under Title VII. In that case, a
funeral home director was fired after she told her employer that she was
transgender and planned to transition and begin wearing women’s work
clothing on the job. The court also stated that religious beliefs and the
Religious Freedom Restoration Act do not overrule the nondiscrimination
requirements of Title VII. The last paragraph in this section discusses
court cases that directly address sex discrimination as it applies to
transgender individuals in the context of restroom access.
2. The Department of Housing and Urban Development has slowed support for this
Equal Access Rule in the last year. Online training materials meant to
support homeless shelters in the implementation of the rule were ordered
removed from the department’s website (MacGillis, 2017).
3. Boston and Cambridge both had a GIPANDO prior to the 2011 state law. Neither
locality is included in this analysis.
4. The initial design also planned to identify contiguous localities, treating
boundary lines as regression discontinuities (Keele & Titiunik, 2015).
However, since the occurrence of the crimes sought was rare, there was
insufficient analytical power to utilize geographic variation to the full
extent possible. Instead, the researchers opted for simpler analytical
methods relying on data preprocessing and case selection to reduce
analytical assumptions. However, the matched localities were limited to
localities that had a shared boundary with at least one of the GIPANDO
localities.
5. The indices were: the Neighborhood Scout Crime Index (retrieved from
https://www.neighborhoodscout.com/ma/crime/), violent crimes per 1000
residents and property crimes per 1000 residents, the USA.com Crime Index
(retrieved from
http://www.usa.com/massachusetts-state-crime-and-crime-rate.htm), and the
City Data.com 2012 Index (retrieved from
http://www.city-data.com/crime/crime-Massachusetts.html).
6. We conducted a second analysis using a matching procedure that included
localities with clear GIPANDOs, localities with limited GIPANDOs, and
matched localities that clearly did not have a GIPANDO. This second analysis
found similar results to the analysis presented above. See Appendix for a
description and results of this second analysis.
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Download references
ACKNOWLEDGEMENTS
The authors would like to thank Kerith Conron and Brad Sears for their extensive
feedback on analytical approaches and presentation of findings. The authors
would also like to thank the records keepers at the police departments
throughout Massachusetts who assisted in responding to the public records
requests that were a necessary part of the data collection for this project. The
authors would also like to thank Chrissy Reinard and Joseph Rocha, who provided
assistance in executing one round of public records requests. Thanks also go to
Taylor Brown, who provided research assistance on crime rates throughout New
England, and Fernanda Miramontes, who copy edited this paper. Finally, thank you
to the editor and anonymous reviewers for their feedback and publication
assistance.
AUTHOR INFORMATION
AUTHORS AND AFFILIATIONS
1. UCLA School of Law, The Williams Institute, Box 951476, Los Angeles, CA,
90095-1476, USA
Amira Hasenbush, Andrew R. Flores & Jody L. Herman
2. Department of Public Policy & Political Science, Mills College, Oakland, CA,
USA
Andrew R. Flores
Authors
1. Amira Hasenbush
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2. Andrew R. Flores
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3. Jody L. Herman
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CORRESPONDING AUTHOR
Correspondence to Amira Hasenbush.
ETHICS DECLARATIONS
ETHICAL APPROVAL
This article does not contain any studies with human participants or animals
performed by any of the authors. An IRB exemption was obtained by the authors
for use of de-identified criminal record data (IRB#15-001060).
CONFLICT OF INTEREST
Amira Hasenbush declares that she has no conflict of interest. Andrew Flores
declares that he has no conflict of interest. Jody Herman declares that she has
no conflict of interest.
APPENDIX: PLACEBO MATCHED PAIRS ANALYSIS
APPENDIX: PLACEBO MATCHED PAIRS ANALYSIS
The analysis was re-conducted using a second matching procedure. Localities with
clear GIPANDOs were matched to localities that clearly did not have a GIPANDO,
and localities with limited GIPANDOs (i.e., Brookline and Cambridge) were also
matched to localities that clearly did not have a GIPANDO (see Table 2). The
limited GIPANDOs offer a type of placebo comparison, where a policy was
introduced but not clearly inclusive of the protections that are afforded in
localities with clear GIPANDOs.
Table 4 provides a contingency table showing the average annual number of
incidents, similar to the analysis in the report. For this analysis, there were
three levels of treatment: a group of localities with clear GIPANDOs, a limited
GIPANDO group that introduced a gender identity policy, but made exceptions or
lacked clarity on restrooms, and the matched localities group without GIPANDOs.
There were fewer overall incidents in the group with clear GIPANDOs when
compared to the matched localities, but there were no apparent patterns of an
increase in victimization in the timeframe after passage. These differences were
also not significantly different from one another. A Fisher’s exact test
indicated that there was no significant relationship between GIPANDOs and
restroom crimes. An estimate of the before-and-after changes between the
localities with clear GIPANDOs and their matched pairs of the average proportion
of monthly incidents in locations also showed no statistically significant
difference. There does not appear to be a relationship between policy
introduction and restroom incidents. Again, here, even if there were many more
localities, a statistical power analysis found that it is unlikely that there
would be a statistically significant difference between GIPANDO localities and
matched localities. If there was a sample with 50 matched pairs with observed
effect size at 90% power, then a one-tailed alpha would be 0.85, suggesting that
the null hypothesis of no difference would also fail to be rejected with a
greater number of matched pairs.
Table 4 Average number of incidents per year as documented by police departments
by localities with clear GIPANDOs, limited GIPANDOs and matched localities
before-and-after policy passage
Full size table
Similar to before, we assessed trends in crime rates between these localities.
This way, it could be assessed whether trends in crime rates increased in clear
GIPANDO localities and limited GIPANDO localities, as compared to their matched
localities. The figure limits the timeframe to 12 months before and 12 months
after the passage of the local GIPANDOs. A 12-month window was chosen because
some localities in this analysis were asked to provide incidents within a
two-year timeframe, so we restrict the plot to the timeframe common to all
localities.
In Fig. 3, the model included differences between localities with clear
enforceable GIPANDOs that applied to restrooms and their matched localities
(black line), and differences between the limited GIPANDOs with unclear
enforceability or restroom exceptions and their matched localities (gray line).
The local regressions showed a lot of overlap between and across these three
groups. As opposed to the analysis in the body of the report, which showed
slightly lower crime rates in the GIPANDO localities as compared to their
matched pairs after policy introduction, there was no statistically significant
difference in the average monthly proportion of criminal incidents in restrooms
both over time and across contexts.
Fig. 3
Differences in the average monthly rate of criminal incidents in public
restrooms, locker rooms and changing rooms among localities with clear GIPANDOs
and limited GIPANDOs compared to matched localities without GIPANDOs. Notes: 90%
confidence intervals represented by dashed lines; negative values show lower
rates of victimizations in GIPANDO localities compared to matched localities
before, during, and after policy introduction.
Full size image
These results indicate that changes in the average rate of criminal incidents
are not related to the passage of GIPANDOs. The limited GIPANDOs provide another
source of comparison, and these additional comparisons indicate that clear
GIPANDOs are not uniquely related to increases in average rates of criminal
incidents.
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Hasenbush, A., Flores, A.R. & Herman, J.L. Gender Identity Nondiscrimination
Laws in Public Accommodations: a Review of Evidence Regarding Safety and Privacy
in Public Restrooms, Locker Rooms, and Changing Rooms. Sex Res Soc Policy 16,
70–83 (2019). https://doi.org/10.1007/s13178-018-0335-z
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* Published: 23 July 2018
* Issue Date: March 2019
* DOI: https://doi.org/10.1007/s13178-018-0335-z
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KEYWORDS
* Transgender
* Gender identity
* Discrimination
* Safety
* Restroom
* Public accommodations
* Law
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* Sections
* Figures
* References
* Abstract
* Notes
* References
* Acknowledgements
* Author information
* Ethics declarations
* Appendix: Placebo Matched Pairs Analysis
* Rights and permissions
* About this article
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