China hears first transgender discrimination case
‘Mr C’, 28, who was born a woman, says he went to court seeking apology and compensation after reportedly being fired from medical services company because he dressed like a man
A Chinese arbitration panel hearing into what is believed to be the country’s first transgender employment discrimination case was held on Monday, says a lawyer in the case.
Huang Sha said his client, identified only as Mr C, 28, had gone to court in the southern city of Guiyang to seek compensation and an apology after being fired from his job at a medical services company because, although born a woman, he had dressed like a man.
The case was held amid a growing awareness of lesbian, gay, bisexual and transgender issues in China, where society and the government have generally frowned on non-traditional expressions of gender and sexuality.
While homosexuality is not illegal in China, the country’s LGBT movement is still in its infancy and it is rare for same-sex couples to live openly as such.
On Wednesday, a court in the central city of Changsha is scheduled to hold a hearing in the country’s first same-sex marriage case.
The couple are suing the local government for refusing to register their marriage despite a lack of any stipulation that they must be of the opposite gender.
C told the newspaper, Guizhou Metropolitan, said he had not listed his gender when applying for a sales job with the medical services company in April 2015. “Moreover, they knew about my special gender situation,” he said.
However, after only a week, C said he was told he was being fired because his expression of gender “did not conform to traditional notions”.
“My sales job performance was in no way negatively affected by appearance. To fire me for this reason is to discriminate against me,” C said.
C and Huang are asking for a week’s salary plus another month in compensation.
Company officials have declined to speak with the media about the case, citing the ongoing arbitration process.
Huang said a ruling in the case heard at Guiyang’s Yunyan district labour dispute board would be issued later.
China does not legally recognise same-sex marriage and central government officials have said they do not see the law changing soon.
Members of China’s legislature, the National People’s Congress, have drafted anti-employment discrimination legislation that would include references to gender identity, but the draft has so far garnered support from only 36 out of the almost 3,000 congress delegates, media has reported.
