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Chosen Gender

Chosen gender discrimination is treating people unfairly because they are living as a member of the sex opposite to what others might perceive to be their biological sex. This includes transgender people and people with intersex conditions. The person is entitled to be treated as a member of the sex that they identify as.

Chosen gender discrimination includes treating someone less favourably than a person who is not of a chosen gender, setting a requirement that is harder for someone to meet than it would be for others not of a chosen gender, and also requiring someone to dress or act as a member of the sex that they don't identify with.

Example - Direct

Kevin, who had been born female but had chosen to live as a male, worked in a bakery. The boss asked that Kevin stick to work in the baking area out the back and not come to the front counter to serve customers. Kevin could claim he was discriminated against because he was transgender.

Example - Indirect

Stephanie, who had been born male but chose to live as a woman, was asked by her boss to wear a suit and tie to work like the male staff members, rather than wearing a dress or skirt. Stephanie could claim she was discriminated against because she was transgender.

See the Gender resources page for some resources to assist people in this area.

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