There are many legal protections in place for gender-diverse employees, but they vary widely from country to country.
Some countries have specific laws that protect transgender individuals from discrimination based on their gender identity, while others may not have any such laws at all. In addition, there may be differences in how employers are required to treat gender-diverse employees, including whether they must provide accommodations like restrooms or dress codes that match an employee's preferred gender expression.
United States
In the United States, Title VII of the Civil Rights Act prohibits employment discrimination on the basis of race, color, national origin, religion, sex, and pregnancy.
It does not specifically mention gender identity or sexual orientation. This means that transgender people can file complaints under Title VII if they believe they have been discriminated against because of their gender identity, but there is no explicit protection against discrimination based on gender identity alone.
The Americans with Disabilities Act (ADA) may protect transgender individuals who experience disability discrimination as a result of transitioning or living as their true gender.
Canada
Canada has federal laws that protect employees from discrimination based on gender identity and gender expression. The Canadian Human Rights Act states that everyone has equal rights regardless of "sex, sexual orientation, marital status, family status, age, disability, race, ethnicity, religion, and other characteristics." Employers must also make reasonable accommodations for employees who wish to express themselves according to their gender identity. This includes providing access to bathrooms and changing rooms that correspond with their chosen gender, as well as allowing them to use personal pronouns and names that reflect their true gender.
Australia
Australia also provides protections for gender-diverse employees through its anti-discrimination legislation. The Sex Discrimination Act 1984 makes it illegal to discriminate against someone on the grounds of their sex, sexual orientation, marital status, pregnancy, breastfeeding, family responsibilities, parental status, race, disability, and age. The Act also requires employers to take all reasonable steps to accommodate an employee's needs related to their gender identity, including providing appropriate facilities and uniforms.
United Kingdom
In the UK, the Equality Act 2010 prohibits discrimination in employment on the basis of several factors, including sex, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, and disability. It also requires employers to provide reasonable adjustments for gender-diverse employees, such as access to single-stall restrooms and changing rooms.
There is no explicit protection under this law for discrimination based solely on gender identity or expression.
France
France has a comprehensive set of laws protecting LGBTQ+ rights, but they do not specifically address transgender people. The French labor code does not mention gender identity or expression, although it does prohibit discrimination based on "moral characteristics" that are not objectively verifiable. Transgender individuals can still file complaints with the labor court if they believe they have been treated unfairly due to their gender identity or expression.
How do legal protections vary across countries for gender-diverse employees?
While there is an increasing understanding of gender identity issues around the world, there are still significant variations in the legal protections afforded to gender-diverse employees between different countries. In some nations, such as India and China, gender diversity is not recognized at all legally and transgender people are not protected from discrimination in the workplace.