Transgender persons in the workplace : international solutions for South Africa

Abstract

This dissertation focuses on transgender persons and the accommodation and treatment of transgender persons in the workplace. Society has a broad understanding of transgender persons, who form part of a vulnerable group in society and in the workplace. This dissertation explains what a transgender is, showing that that have a gender identity that is different from his/her assigned sex at birth. A transgender then has to transition into their intended sex. This is done through sex re-assignment surgery or hormonal treatment. The number of transgender persons throughout the world and in South Africa are on the rise. The transgender unit at the Groot Schuur Hospital in the Cape has limited resources and are now under great pressure. In the workplace, transgender persons experience various problems such as being the target of homophobic jokes or having their property damaged. This dissertation will focus on four serious problems being: their accommodation, restroom facilities, samesex harassment and dismissal. It then looks at what is the current position in South African law and the viewpoint of the court regarding the protection and dismissals of transgender persons in the workplace. It then provides solutions from foreign jurisdictions and companies to solve these problems which were mentioned above. These solutions should be implemented by the South African employer to prevent further problems from arising and to fully accommodate the transgender in the workplace.