How Anti-Transgender Laws Will Affect How We Do Business
Key Highlights :
The rise of anti-trans bills being introduced across the United States is threatening to redefine the business landscape. From forcing customers to use specific bathrooms to attacks on employee retirement, businesses and workplaces would be forced to change how they do business if these bills were enacted. Bathroom Bans, Drag Bans, Boycott and Divestments are just some of the many ways anti-trans bills would negatively affect how we do business.
Bathroom Bans
Arkansas SB270 restricts access to restrooms, bathrooms, locker rooms, or shower rooms. This law will force businesses to impose strict requirements barring transgender people from using the bathroom that corresponds with their gender identity. If a transgender customer refuses to comply, they could face a Class D felony which is punishable by up to 6 years in prison and a fine of up to $10,000. Three out of five bathroom bans were passed into law in Florida, Indiana, and Arkansas.
Drag Bans
Tennessee HB3 and HB9 force businesses to restrict what type of entertainment they can provide guests. This law outlaws “male or female impersonators who provide entertainment that appeals to a prurient interest, or similar entertainers, regardless of whether or not performed for consideration.” The punishment for not following this restriction is “first offense for a violation of this law is a Class A misdemeanor, and a second or subsequent such offense is a Class E felony.” This would lead to fines, imprisonment, and damage to the business’s reputation. Five of 43 drag bans introduced have been signed into law: Tennessee, Montana, Arkansas, Florida, and North Dakota. Currently, there are 30 drag bans in committee across the United States.
Boycott and Divestments
Missouri SB430 prohibits public entities from entering into contracts with companies engaged in economic boycotts against other companies. This bill includes companies that do not facilitate access to doctor prescribe trans-related healthcare. This bill would also allow the state to bar companies from entering into contracts with public entities that engage in boycotts against companies that don’t provide Trans related care —leading to a loss to lost revenue and business opportunities.
Kansas SB224 discourages fiduciaries from making investment decisions based on a company’s policies or practices related to transgender rights and other issues. Like other boycott bills, this also focuses on companies that have decided to boycott other companies to penalize or limit commercial relations with other companies for not providing services to transgender individuals. Essentially, a retirement investment company can choose how retirement funds are invested regarding transgender rights. Suppose a company directly supports the transgender community. In that case, investment companies are encouraged by the state to no longer do business and divest from companies altogether, risking the retirement opportunity for employees. This year, 12 boycotts and divestment bans have been introduced, and nine are currently being reviewed by committees in South Carolina, Missouri, Iowa, South Dakota, Oklahoma, and Kansas.
The Path Forward
The rise of anti-trans bills being proposed across the United States underscores the unfortunate reality that our business landscape is at risk of disastrous change. We must resist these harmful initiatives and take tangible steps to protect the freedom to do business guided by a principled commitment to diversity and equality. We should look to courageous businesses like Hamburger Mary’s in Orlando, that is suing Ron DeSantis over the law banning drag performances “alleging a violation of first amendment rights by the state.” We must fortify our resolve and commitment to cultivating an inclusive business environment that respects diversity. Our society deserves nothing less than a community that ensures that everyone can work or be a customer, free from prejudice and discrimination.
Businesses should also consider taking proactive steps to protect themselves from the potential risks associated with anti-trans bills. Companies should review their policies and procedures related to transgender customers and employees to ensure compliance with the law. They should also consider implementing anti-discrimination and anti-harassment policies to ensure that all employees are treated with respect and dignity. Additionally, businesses should consider providing transgender sensitivity training to their employees to ensure they are aware of the issues and challenges faced by the transgender community.
The rise of anti-trans bills across the United States is concerning and should be taken seriously. Businesses should take proactive steps to protect themselves and their employees from the potential risks associated with these bills. We must remain committed to cultivating an inclusive business environment that respects diversity and ensure that everyone can work or be a customer, free from prejudice and discrimination.
