Protecting Transgender Employees in the Workplace: Lessons from a UK Case
Hong Kong Employment & Benefits partner Jennifer Tam and associate Vanessa Lo contributed to the Hong Kong Institute of Human Resource Management by sharing their insights on safeguarding transgender employees in Hong Kong. The article explores ways to address the many challenges faced by LGBT+ employees in the Hong Kong workplace. It draws attention to a recent landmark UK case involving gender reassignment discrimination, emphasizing the importance of proactive measures by employers to protect LGBT+ rights. Good practices for employers include formulating comprehensive anti-discrimination and diversity policies, establishing effective complaint mechanisms, providing regular staff training, and fostering better communication with LGBT+ employees to create a safe and inclusive work environment.
The UK case discussed involves Ms. AB's discrimination claim against her employer for failing to appropriately address her gender transition by e.g. deadnaming her (i.e. referring to her pre-transition name), which amounted to less favourable treatment and resulted in Ms. AB suffering from emotional distress. While Hong Kong lacks specific legislation which protects individuals against discrimination on the basis of sexual orientation and gender identity discrimination, transgender individuals may be protected under the Disability Discrimination Ordinance (DDO). It prohibits direct and indirect discrimination and disability harassment, and employers may be vicarious liable for discriminatory acts unless reasonable steps are taken. Additionally, a recent Hong Kong court decision affirming the rights of a transgender individual signals a growing recognition of LGBT+ rights within the legal field. The article underscores the importance of taking proactive measures and provides an insight of the changing legal landscape in relation to protection of LGBT+ individuals in Hong Kong and the UK, encouraging employers in Hong Kong to take steps to protect such minority employees in the workplace.
