Sacked trans woman backed by Chinese court in landmark case

A CHINESE court has made a landmark decision in favour of a transgender woman who sued her employer for wrongful termination after undergoing sexual reassignment surgery.

Dangdang, an e-commerce company, has been ordered to resume its labour contract with the product director, named as Ms Gao, and to recognise her new gender identity, including allowing the use of female bathrooms at the office. The firm must also pay her overdue salary of about 120,000 yuan (£13,600) to cover a two-month leave of absence for the procedure.

Ms Gao’s case is the first time a Chinese court has directly addressed transgender workplace descrimination, issuing an “epic decision”, said Wang Yongmei, a lawyer specialising in transgender discrimination cases.

The unusually progressive ruling, which urged the public to be openminded and inclusive, went viral this week in China after initially falling under the radar amid the pandemic.

“We are used to understanding society based on our knowledge of biological gender, but there are still some people who want to express their gender identities through their own life experiences,” the court wrote in its January decision. “It is necessary for us to gradually change our attitudes.”

A Beijing court first ruled in Ms Gao’s favour last year, four months after she was dismissed in Sept 2018.

The company appealed, though the court upheld its original decision, released earlier this year – a surprising move in a legal and judicial system that typically favours the employer.

Dangdang originally cited “mental health” and “absence from work” as reasons for dismissal, and claimed employees wouldn’t have “peace of mind” as both male and female colleagues had refused to share bathrooms with her.

Social media users were divided between those in support of Ms Gao and others saying any company would have terminated someone after a long absence from work – regardless of gender identity.