[JURIST] A labor arbitration panel in China on Monday opened a hearing in the country’s first transgender job discrimination lawsuit, filed by a 28-year-old plaintiff known as Mr. C. C was born as a woman but has considered himself a man since college. C alleges he was fired [WP report] from a sales job at a health services firm just a few days into the position because the staff said he looked like a lesbian and threatened the company’s reputation. The company alleges C was discharged for incompetence. The case is being heralded as China’s first transgender job discrimination case [NYT report]. Current laws in China do not allow for the job discrimination based on sexual identity. C is outspoken about the hope that his case will lead to a new anti-job discrimination law in China, or, at a minimum, raise awareness for the rights of transgender individuals to employment. A ruling is expected in C’s case by the end of the month.
Discrimination based on sexual orientation and gender identity has been a controversial issue in the US and internationally. In March, Arkansas Attorney General Leslie Rutledge filed a notice of appeal [JURIST report] of a judge’ s decision upholding an ordinance that protects members of the gay, lesbian, bisexual and transgender (LGBT) community from discrimination. A day earlier, North Carolina Attorney General Roy Cooper stated that he will not defend [JURIST report] House Bill 2 [materials], which he considers to be discriminatory against the LGBT community. Also that week, North Carolina individuals and civil rights groups filed a lawsuit against Governor Pat McCrory claiming the bill signed the prior week [JURIST reports] regarding transgender discrimination is unconstitutional and discriminatory. In February, the Supreme Court of India agreed to review its 2013 decision reinstating an 1861 law prohibiting sex between consenting adults of the same sex [JURIST report]. The law, Section 377 of the Indian Penal Code, was passed during the British colonial era and calls for a 10-year sentence for “carnal intercourse against the order of nature with man, woman or animal.”