{"id":9490,"date":"2018-02-13T11:01:13","date_gmt":"2018-02-13T05:16:13","guid":{"rendered":"http:\/\/pahichan.com\/?p=9490"},"modified":"2018-02-13T11:01:13","modified_gmt":"2018-02-13T05:16:13","slug":"trans-man-wins-chinas-first-illegal-dismissal-case-amid-calls-for-anti-discrimination-laws","status":"publish","type":"post","link":"https:\/\/pahichan.com\/en\/trans-man-wins-chinas-first-illegal-dismissal-case-amid-calls-for-anti-discrimination-laws\/","title":{"rendered":"Trans man wins China&#8217;s first illegal dismissal case amid calls for anti-discrimination laws"},"content":{"rendered":"<header><\/header>\n<div class=\"article-meta\">\n<div class=\"date\"><\/div>\n<\/div>\n<div class=\"article-content\">\n<p>Kathmandu\/Pahichan &#8211; A court in China ruled in favor of a trans man who sued his employer for unfair dismissal after he was sacked for wearing men\u2019s clothes.<\/p>\n<p>Known as Mr C, he was fired from his job a week after starting at the health center in\u00a0Guizhou. The town is about 1200 miles south west of Beijing.<\/p>\n<p>In a first hearing on the matter in early January, the Guiyang Yunyan District People\u2019s Court did not rule the man was discriminated against exclusively because of his gender identity.<\/p>\n<p>The court ordered Mr C\u2019s employers to pay him a salary 843 yuan (US$133) and compensation of 1,500 yuan (US$238).<\/p>\n<p>At the time Mr C said the decision was a landmark for trans people in China.<\/p>\n<p>\u2018It is the first case in China where a sexual minority wins,\u2019 he told the\u00a0<a href=\"https:\/\/tribune.com.pk\/story\/1282958\/chinese-transgender-man-wins-first-illegal-dismissal-case\/\" target=\"_blank\" rel=\"noopener\">AFP<\/a>.<\/p>\n<p>\u2018It is also a piece of good news for the community.\u2019<\/p>\n<div id=\"attachment_271843\" class=\"wp-caption alignnone\"><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-271843 size-slideshow gs-image-66\" src=\"https:\/\/www.gaystarnews.com\/wp-content\/uploads\/2018\/02\/china-anti-discrimination-850x549.jpg\" sizes=\"auto, (max-width: 850px) 100vw, 850px\" srcset=\"https:\/\/www.gaystarnews.com\/wp-content\/uploads\/2018\/02\/china-anti-discrimination-850x549.jpg 850w, https:\/\/www.gaystarnews.com\/wp-content\/uploads\/2018\/02\/china-anti-discrimination-300x193.jpg 300w, https:\/\/www.gaystarnews.com\/wp-content\/uploads\/2018\/02\/china-anti-discrimination-155x100.jpg 155w\" alt=\"Two people one man in a suit and a woman in a grey cardian post in front of an official emblem\" width=\"850\" height=\"549\" data-imageshare=\"gs-image-66\" \/><\/p>\n<p class=\"wp-caption-text\">Mr C (R) with anti-discrimination lawyer Liu Xiaonan. | Photo: Weibo<\/p>\n<\/div>\n<h2>Mr C appeals the decision<\/h2>\n<p>But Mr C was not satisfied with the court\u2019s ruling that he was not discriminated against because he was trans. He quickly appealed the decision in Guiyang Intermediate People\u2019s Court\u00a0.<\/p>\n<p>\u2018I have not received an apology up until now, which actually means that \u2013 in law \u2013 there is still very little protection in this area,\u2019 he told\u00a0<a href=\"https:\/\/www.rfa.org\/mandarin\/yataibaodao\/shehui\/gf1-02072018102350.html\" target=\"_blank\" rel=\"noopener\">Radio Free Asia.<\/a><\/p>\n<p>The court ruled in favor of Mr C. It ordered the court to pay him an increased amount in lost wages and compensation totalling to about 4000 yuan (US$635).<\/p>\n<p>The appeal ruling read that a person should not be discriminated against because of their gender identity.<\/p>\n<p>\u2018An individual\u2019s gender identity and gender expression falls within the protection of general personality rights, [everyone] should respect others\u2019 rights to gender identity and expression,\u2019 the ruling read.<\/p>\n<p>\u2018Workers should not experience differential treatment based on their gender identity and expression.\u2019<\/p>\n<h2>Trans rights in China<\/h2>\n<p>A landmark study in<a href=\"https:\/\/www.gaystarnews.com\/article\/chinas-first-study-trans-people-reveals-worrying-trends\/#gs.Pr9AsZE\" target=\"_blank\" rel=\"noopener\">\u00a02017 revealed trans people in China face high levels of discrimination and violence.<\/a><\/p>\n<p>The National Survey of the Transgender and Gender Non-Conforming Population found almost 50% of the study participants said they had considered suicide or self-harm.<\/p>\n<p>Also, due to widespread workplace discrimination, trans people often lived with very low incomes. A\u00a0third of people earned less than\u00a025,000 yuan ($3,770) a year.<\/p>\n<p>\u2018The discrimination from work is a reason that a relatively large number of transgender respondents earn a low income,\u2019 the Beijing LGBT Center\u2019s director,\u00a0Xin Ying said at the time .<\/p>\n<p>Copy :\u00a0https:\/\/www.gaystarnews.com<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Kathmandu\/Pahichan &#8211; A court in China ruled in favor of a trans man who sued his employer for unfair dismissal after he was sacked for wearing men\u2019s clothes.<br \/>\nKnown as Mr C, he was fired from his job a week after starting at the health center in\u00a0Guizhou. The town is about 1200 miles south west of Beijing.<br \/>\nIn a first hearing on the matter in early January, the Guiyang Yunyan District People\u2019s Court did not rule the man was discriminated against exclusively because of his gender identity.<br \/>\nThe court ordered Mr C\u2019s employers &#8230;<\/p>\n","protected":false},"author":44,"featured_media":9491,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[8,621,492],"tags":[502],"class_list":["post-9490","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-human-rights","category-news","category-opinion","tag-lgbti"],"acf":[],"_links":{"self":[{"href":"https:\/\/pahichan.com\/en\/wp-json\/wp\/v2\/posts\/9490","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pahichan.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/pahichan.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/pahichan.com\/en\/wp-json\/wp\/v2\/users\/44"}],"replies":[{"embeddable":true,"href":"https:\/\/pahichan.com\/en\/wp-json\/wp\/v2\/comments?post=9490"}],"version-history":[{"count":1,"href":"https:\/\/pahichan.com\/en\/wp-json\/wp\/v2\/posts\/9490\/revisions"}],"predecessor-version":[{"id":9492,"href":"https:\/\/pahichan.com\/en\/wp-json\/wp\/v2\/posts\/9490\/revisions\/9492"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/pahichan.com\/en\/wp-json\/wp\/v2\/media\/9491"}],"wp:attachment":[{"href":"https:\/\/pahichan.com\/en\/wp-json\/wp\/v2\/media?parent=9490"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pahichan.com\/en\/wp-json\/wp\/v2\/categories?post=9490"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pahichan.com\/en\/wp-json\/wp\/v2\/tags?post=9490"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}