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Since 2004
By Global Times
A trans woman in China has been battling discrimination for three years after her company required her to dress according to her assigned gender before unjustly dismissing her.
The 32-year-old, who goes by the pseudonym Guagua, began her career at a state-owned company in eastern China’s Jiangsu province in 2019. In her first year, she struggled to conform to the expectations of a stereotypical man, but she soon felt increasingly conflicted and was plagued by depression and anxiety.
Following the death of her grandfather, Guagua realised that “one only lives once.” This revelation led her to embrace her true self, and she began receiving hormone replacement therapy in March 2021. She confided in a few trusted colleagues after her transformation.
These colleagues offered support, encouraged her to express herself as she wished, and reassured her that they did not mind her using the company’s women’s restroom. Their reactions gave Guagua hope for the future.
However, the company’s leadership later pressured her on numerous occasions to “rectify” her gender expression, demanding changes such as altering her nail polish, cutting her hair short, and using men’s facilities.
They labelled her “selfish” for “not conforming to the company’s requirements for male employees and causing trouble for others.”
In an attempt to comply, Guagua began using public restrooms outside the company, but the management further marginalised her and ultimately dismissed her in December 2021, citing “incompetence for the job” as the reason.
Guagua appealed to the local labour dispute arbitration committee, which ruled in her favour, ordering the company to continue her employment until her contract expired last year.
However, the company rejected this outcome and sued her, leading the court to order the company to compensate her 15,000 yuan (US$2,000) for illegal dismissal.
Despite winning the labour lawsuit, Guagua felt that true justice was not served, as the company faced no repercussions for discrimination. Furthermore, the court’s ruling did not address her “transgender” identity, which was central to her dispute.
Guagua’s lawyer, Liu Mingke from Beijing Huayi Law Firm, explained to the Post that she sought to file additional lawsuits based on “dispute over equal employment rights” and “dispute over general personality rights” as causes of action.
However, the court denied the first filing, stating that it only applies to the job-seeking stage.
Source: South China Morning Post
https://www.scmp.com/news/people-culture/gender-diversity/article/3291978/china-trans-woman-faces-legal-challenges-3-years-after-firm-dismissal-gender-expression
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