Key Win by Transsexuals
Key Win by TranssexualsBY CLARE DYER, Legal correspondent TRANSSEXUALS have won a landmark ruling giving them protection against discrimination for the first time under English law. The Employment Appeal Tribunal has held that the Sex Discrimination Act, which makes discrimination on grounds of sex unlawful, also protects transsexuals from unfair treatment because of their sex change. The test case judgment, delivered a fortnight ago but only made public yesterday, means employers cannot treat a transsexual less favourably than other employees. It is now unlawful to sack an employee for undergoing a sex change, to refuse to hire a transsexual on that ground alone, or to fail to prevent their harassment. The tribunal made the ruling in the case of a rides technician, named only as C, at an unnamed amusement park who was ostracised by colleagues after changing sex and was dismissed in July 1994 on grounds of incapability. The judgment means that the Equal Opportunities Commission’s brief to enforce the Sex Discrimination Act will now extend to transsexuals. In April 1996 the European Court of Justice in Luxembourg ruled that transsexuals were protected from discrimination under European Community law. This gave public but not private sector employees the right to bring discrimination claims against their employers in British courts and tribunals. C took her case to an industrial tribunal which held that she was covered under EC law and the Sex Discrimination Act. The Employment Appeal Tribunal upheld the ruling, giving transsexuals rights against discrimination. C joined the amusement park as a male employee in January 1987 and in July 1991 announced she was undergoing a sex change. The tribunal found she underwent "prolonged and serious harassment and ostracism" by some of her male colleagues". Copyright © Guardian Newspapers Limited |
