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Public Accommodation Laws and Gender Panic in Clinical Settings
Elizabeth Boskey1, Amir Taghinia2, Oren Ganor3
1A social worker and researcher in the Center for Gender Surgery at Boston Children's Hospital in Boston, Massachusetts.
AMA Journal of Ethics
|December 1, 2018
Summary
Public accommodation laws (PALs) impact transgender access to sex-segregated spaces in healthcare. Education can address staff concerns about gender panic and anti-trans bias in inpatient settings.
Area of Science:
- Health law and policy
- Medical ethics
- Sociology of gender
Background:
- Public accommodation laws (PALs) are increasingly discussed concerning transgender rights, particularly access to sex-segregated spaces.
- Healthcare facilities must navigate PALs, influencing policies on room assignments and sex-segregated environments.
- A Massachusetts transgender PAL enacted in 2016 provides a specific context for examining these issues.
Purpose of the Study:
- To explore healthcare staff's moral concerns regarding transgender people in sex-segregated spaces.
- To investigate the role of professional education in addressing "gender panic" and anti-trans bias in healthcare settings.
- To understand how public accommodation laws affect transgender inclusion in inpatient facilities.
Main Methods:
- Qualitative analysis of concerns raised during 18 professional trainings at 5 Boston-area healthcare facilities.
- Focus on discussions occurring around the implementation of a Massachusetts transgender public accommodation law.
- Exploration of staff perspectives on risks associated with transwomen in sex-segregated areas and preparedness for anti-trans bias.
Main Results:
- Healthcare staff frequently expressed moral concerns related to transgender individuals in sex-segregated spaces.
- Concerns included perceived risks posed by transwomen and staff feelings of unpreparedness in addressing anti-trans bias.
- These concerns mirrored broader public discourse on transgender rights and access.
Conclusions:
- Professional education is a crucial tool for mitigating "gender panic" and addressing anti-trans bias in inpatient healthcare settings.
- Healthcare facilities need strategies to navigate public accommodation laws and ensure equitable access for transgender patients.
- Further research is needed on effective educational interventions for healthcare staff regarding gender identity and inclusion.
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