Gender Identity Discrimination

Ground
Gender Identity
Area
Goods, facilities or services
Terms of Settlement
Provision of service
Policy change
Compensation
Nil
Complaint Summary
A man who was born female and subsequently transitioned to male, applied for a certificate. The certificate included information specifying the man’s sex as female. The man claimed that when he showed the certificate to people or organisations, this information revealed that he is transsexual. The man claimed that this breached his, and his family’s privacy, that he should be able to choose when he wishes to disclose this information about his identity and that when this information is disclosed in public spaces it also placed him at risk of violence and further discrimination. In conciliation, the organisation agreed to re-issue the certificate without listing sex. The organisation also agreed to develop a policy to take account of privacy and safety implications raised for transgender and intersex individuals by the inclusion of sex and other particulars on certificates. This policy was developed in consultation with the Federal Privacy Commissioner and the ACT Human Rights Commission and is now available publicly.

 

Area
Employment
Terms of Settlement
Apology
Compensation
Compensation
$1500
Complaint Summary
The complainant, a factory worker, alleged that he was discriminated against by his employer based on his presumed sex. The complainant claimed that he was fired after he informed his employer that he was transitioning from a woman to a man. He also alleged that the employer informed all the other workers of the situation and as a result he was harassed and humiliated by his co-workers.
As a result of conciliation, the employer agreed to provide a written apology and to pay $1500 compensation for any parent, humiliation or distress.