Courts rule against employer who discriminated against trans*woman

In a wake-up call for employers, the court ruled yesterday that Dakota Hemmingson was unjustifiably fired from her job as a hair dresser.

Out@Work spokesperson, Karena Brown says “This is an important and ground breaking ruling. It means that employers cannot discriminate against transgender staff or staff who transition at work.”

After Dakota Hemmingson told her employer that she was changing gender identity, her employer told said that she “did not fit the commercial profile of the business”. Dakota had no choice but to leave her job.

The Employment Relations Authority concluded that she was unjustifiably dismissed. She was awarded $14,248 for lost wages and for hurt and humiliation.

“Bosses can’t just do as they please. People’s employment and human rights cannot be denied because of employers’ prejudices and personal beliefs. It must have been awful for Dakota to be fired in those circumstances; so distressing both personally and professionally,” Karena Brown says.

“The case sheds light on the discrimination that trans* people face in employment.
We admire Dakota’s courage in challenging the discrimination and unfair treatment she experienced. Out@Work and unions were pleased to support Dakota and her lawyer in this case.”

There are plenty of resources, information and advice on gender diversity available to employers, including the Out@ Work Diversity Training Kit and Employment New Zealand information.

ENDS

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