First transgender employment discrimination case to go to arbitration

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On March 7th the labor arbitration tribunal of Yunyan district, Guiyang city, took up a transgender employment discrimination case filed by “Mr. C” against Ciming CheckUp (贵阳慈铭健康体检中心). This is the first case of employment discrimination against a transsexual in China that goes to court. At the same time, the Expert’s Draft on the Employment Non-Discrimination Law (《反就业歧视法(专家意见稿)》), proposed by over 30 delegates to the National People’s Congress during the on-going “ two sessions”, also includes articles against discrimination based on sexual orientation, gender identity, and gender expression.

Mr C is a transsexual (female to male) who joined Ciming CheckUp as a salesman in April 2015. Although he met all the requirements for the position, he was dismissed after only seven working days. Feeling astonished, Mr C says he tried to communicate with the HR staff but received no reply, while his former colleagues, at the request of the company, told him “how can a homosexual like you provide health care to clients?” However Mr. C, who is biologically female, identifies himself as a man, and lives as one. His gender, said Mr. C, has no impact on his performance at work. He has therefore filed for wrongful dismissal and claimed compensation in the labor arbitration tribunal. Huang Shang, Mr C’s legal counselor, also expressed his hope for equal legal treatment for gender minorities, and more tolerance and inclusion in our society.