China: Transgender man wins landmark lawsuit against ex-employer over wrongful dismissal

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3 January 2017

Chinese transgender man wins landmark wrongful dismissal case

Author: Benjamin Haas, The Guardian (UK)

A transgender man in China has won a landmark legal challenge against wrongful dismissal in what has been described as the country’s first such discrimination case.  The man, who would only be identified as Chen, was illegally fired after just a week on the job at a medical clinic in south-west China, a court ruled.  But the judge stopped short of forcing the company to apologise and did not say Chen's dismissal was related to his gender identity.  He was also awarded 2,000 yuan (£234), a month’s wages, in the 30 December ruling...Although satisfied with the ruling, Chen vowed to continue legal challenges to force an apology...When Chen first filed his case, a manager at the Ciming Health Checkup Centre seemed to confirm the dismissal was related to Chen wearing men’s clothes...Wang Yongmei, one of Chen’s lawyers, said that without legal protection discrimination may continue without companies being held accountable...

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Author: 林坪,自由亞洲電台

中國貴州一家法院近日就一起跨性別就業歧視案作出一審宣判,認定原告C先生(化名)勝訴,被告用人單位辭退他違反勞動法,應支付經濟賠償。不過法院同時認定,用人單位辭退原告並不涉及歧視。 ...C先生的代理律師黃沙...表示,“從勞動層面來說,我們會接受這個結果。...可是有點遺憾,它在認定單位辭退原因方面,沒有認定是因為跨性別身份認同歧視。所以我們後面會採取一些法律措施,讓單位對勞動者有一個賠禮道歉的法律行為。”...C先生的案件是中國首例涉及工作場所跨性別人士歧視的案件。 [某]廣東跨性別人士...表示,“從反歧視的角度來說,可能並不能算是勝利。因為法院並沒有認定這是一個歧視。”

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Author: 林坪,自由亚洲电台



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13 April 2016

China: Dismissed transgender employee sues Ciming Health Checkup Centre

Author: Tom Phillips, Guardian (UK)

"Court hears China's first transgender discrimination case", 12 Apr 2016

A court is hearing China’s first transgender discrimination case in what activists describe as a landmark legal battle they hope will advance the LGBT cause in the country.

The plaintiff, a 28-year-old transgender man and LGBT activist who asked to be named only as Chen, claims he was hired by a healthcare provider in the south-western city of Guiyang last April only to be dismissed one week later because he had worn men’s clothes…

“Chen’s appearance really didn’t fit our standards,” the manager [of he Ciming Health Checkup Centre] was quoted as saying.

On Monday Chen and his lawyer, Huang Sha, presented a claim for compensation of about 2,000 yuan (about £215 ) – the equivalent to five weeks’ pay – to a work tribunal in Guiyang on the grounds that he had been unfairly dismissed. Chen also demanded a written apology from the company…

Chen…said his goal was…to “enlighten” the company and others like it so that they would respect the diversity of their staff in the future…

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