In a significant judicial decision made in 2020 by a Beijing court, the rights of a transgender woman, unjustly dismissed from her job, were upheld, marking a progressive step for equal employment rights in China. The details of this case, recently brought to light by the Shanghai Federation Trade Unions, have reignited discussions about transgender rights in the workplace.
The case centers around a transgender employee, surnamed Gao, of the Chinese e-commerce platform Dangdang. Gao was fired for alleged absenteeism in 2018 after undergoing gender reassignment surgery. Despite applying for sick leave and providing a medical certificate along with a doctor’s advice for a two-month recovery period, her leave request was rejected by the human resources department due to “unclear content” in her certificates.
Following her surgery, Gao received a letter from her employer, which misgendered her, labeled her as a “mental patient,” and cited the need to “protect” other employees. This letter was instrumental in her lawsuit, highlighting the company’s discriminatory stance. This legal battle comes in the wake of the World Health Organization removing “gender identity disorder” from its list of diseases in 2018, a significant step towards respecting transgender rights.
The Beijing court ruled in favor of Gao on two counts: Dangdang was ordered to continue honoring her original employment contract and to compensate her for the salary due from the date she applied for sick leave to the date of arbitration, totaling 128,028 yuan (approximately US$18,000). The court emphasized the importance of social tolerance and the need to respect diverse lifestyles and protect the dignity of transgender individuals.
This ruling occurs against the backdrop of significant challenges faced by the transgender community in China. According to the 2021 National Transgender Health Survey Report by the Beijing LGBT Centre, the unemployment rate among transgender individuals was significantly higher than the national average. Many respondents reported not expressing their gender identity at work, with a considerable number facing workplace discrimination.
Further, the cause of action for “dispute over equal employment rights,” included by the Supreme People’s Court of China in 2019, was typically applied only during the job-seeking stage, leaving a gap in protection against on-the-job discrimination for transgender employees.
However, recent policy changes are showing signs of progress. In 2022, the National Health Commission updated regulations on gender reassignment surgery, lowering the age requirement and removing the mandatory psychological assessment, garnering positive responses from the LGBTQ community in China.
This landmark ruling not only supports Gao’s fight for justice but also signals a broader shift towards recognizing and protecting the rights of transgender individuals in the workplace, paving the way for a more inclusive and equitable society.
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