Although the right not to be discriminated against in employment has existed since 1996, employers and employees may deliberately or accidentally discriminate against transpeople. A transperson often faces breaches of privacy especially when working for big business, national or local government organisations.
Write to employers and educate them about the European Court of Justice Judgement of P Vs S and Cornwall County Council in April 1996. Remind them that a Transwoman must be treated exactly the same way as somebody born with a female body, and a transman must be treated exactly the same way as somebody born with a male body. Ensure that personnel department are aware of these facts.
A quick scan of the Equal Opportunities Commission Website shows that an employer who stops a transperson using the toilets appropriate to their gender is guilty of discrimination. If an non-trans employee objects to a transperson, they may be offered gender neutral toilets such as toilets for the disabled. A transperson offered gender neutral toilets may refuse. If they are enforced then a transperson may claim sex-discrimination where awards are unlimited. Employers must be aware that sex-discrimination applies in every situation in employment, protection from harrassment, protection from discrimination. This includes toilets, promotion or, indeed, the very job itself.
For superannuation purposes, a birth certificate is often needed. Transpeople are not yet able to change birth certificates so they must disclose their former name and gender. We should campaign for alternative forms of identification to be allowed to be shown, for example, a driving licence or Passport should be allowed. The Government claimed in the European Court of Human Rights that the birth certificate is not proof of identity so we need to lobby MP's as well as employers and we need to campaign for trade unions to support us.
Campaign for the recognition of trans human rights by employers, trade union and associations, non-governmental and government departments. Let us know if any have policies for transpeople or if any absolutely refuse to treat transpeople equally.
Campaign on any of the above issues or other issues you may think of related to Employment.