Current Version
| Region | China |
| Issue | LGBT employment discrimination |
| Status | Gender identity only |
| Start Date | (unknown) |
| End Date | (none) |
| Description | It is generally ambiguous as under Chinese Labour Law, there are no protections specifically protecting LGBT people. Although Macau bans some discrimination in employment, and a transgender worker won victory against discrimination. |
| Sources | http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s https://thechinaproject.com/2020/07/06/chinese-trans-woman-wins-sex-discrimination-lawsuit-against-employer-in-landmark-victory/ |
👍 NEW: Helpful votes! You can now rate each edit as helpful or unhelpful. Votes add another layer of approval and are an easy way to say thank you to other editors. Helpful votes may become public in the future but unhelpful votes will always remain private.
Revision History (9)
edited by Pizzaslices412653. There are certain court systems that protect workers from discrimination.
Helpful?
0 | Old Value | New Value (Current) | |
|---|---|---|
| Value | No protections | Gender identity only |
| Description | Under Chinese Labour Law, there are no protections specifically protecting LGBT people. Macau bans some discrimination in employment. | It is generally ambiguous as under Chinese Labour Law, there are no protections specifically protecting LGBT people. Although Macau bans some discrimination in employment, and a transgender worker won victory against discrimination. |
Show Difference | ||
| Sources | http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s | http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s https://thechinaproject.com/2020/07/06/chinese-trans-woman-wins-sex-discrimination-lawsuit-against-employer-in-landmark-victory/ |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| Value | (REMOVED) | No protections |
| Special Status | Ambiguous | No protections |
| Start Date | Jan 2020 | (unknown) |
| Description | In January 2020, an intermediate court in Beijing ruled in the first judicial case regarding the unfair dismissal of a trans employee in China, Ms. Gao v Dang Dang Co. (2020). A trans employee, Ms. Gao, was dismissed by the company Dang Dang after she undergone gender affirming surgery. The company justified the termination by citing her absences during the surgery period, misgendered her, and labelled her as “mentally ill.” The court determined that while the Chinese labour laws do not explicitly protect against discrimination based on gender identity, it is implied that employees who have undergone gender affirming surgery and have had their gender legally recognised should enjoy equal employment rights and not face discrimination. In July 2020, Yang Zi Chen v Hangzhou Ciyuan Culture and Creativity Co. (2020), courts however ruled against a trans employee unfairly dismissed by their employer. Both the first instance and appellate courts ruled that the termination of the contract after the employee underwent gender-affirming care was “not based on discrimination” but on working performance (i.e. being late for work, taking too many days off). | Under Chinese Labour Law, there are no protections specifically protecting LGBT people. Macau bans some discrimination in employment. |
Show Difference | ||
| Federal Law | Yes | No |
| Sources | https://database.ilga.org/china-lgbti | http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s |
Show Difference | ||
edited by lucas_120. ambiguous, there are sometimes protection as far as discriminations are concerned
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | No protections | (REMOVED) |
| Special Status | No protections | Ambiguous |
| Start Date | (unknown) | Jan 2020 |
| Description | Under Chinese Labour Law, there are no protections specifically protecting LGBT people. Macau bans some discrimination in employment. | In January 2020, an intermediate court in Beijing ruled in the first judicial case regarding the unfair dismissal of a trans employee in China, Ms. Gao v Dang Dang Co. (2020). A trans employee, Ms. Gao, was dismissed by the company Dang Dang after she undergone gender affirming surgery. The company justified the termination by citing her absences during the surgery period, misgendered her, and labelled her as “mentally ill.” The court determined that while the Chinese labour laws do not explicitly protect against discrimination based on gender identity, it is implied that employees who have undergone gender affirming surgery and have had their gender legally recognised should enjoy equal employment rights and not face discrimination. In July 2020, Yang Zi Chen v Hangzhou Ciyuan Culture and Creativity Co. (2020), courts however ruled against a trans employee unfairly dismissed by their employer. Both the first instance and appellate courts ruled that the termination of the contract after the employee underwent gender-affirming care was “not based on discrimination” but on working performance (i.e. being late for work, taking too many days off). |
Show Difference | ||
| Federal Law | No | Yes |
| Sources | http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s | https://database.ilga.org/china-lgbti |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| Description | Under Chinese Labour Law, there are no protections specifically protecting LGBT people but Macau bans some discrimination in employment. However, since Macau has its own separate page, the "no protections" option is the most suitable in this case | Under Chinese Labour Law, there are no protections specifically protecting LGBT people. Macau bans some discrimination in employment. |
Show Difference | ||
| Old Value | New Value | |
|---|---|---|
| Value | (REMOVED) | No protections |
| Description | Under Chinese Labour Law, there are no protections specifically protecting LGBT people but Macau bans some discrimination in employment | Under Chinese Labour Law, there are no protections specifically protecting LGBT people but Macau bans some discrimination in employment. However, since Macau has its own separate page, the "no protections" option is the most suitable in this case |
Show Difference | ||
edited by Pizzaslices412653. Macau bans some discrimination against LGBT
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | No protections | (REMOVED) |
| Description | Under Chinese Labour Law, there are no protections specifically protecting LGBT people. | Under Chinese Labour Law, there are no protections specifically protecting LGBT people but Macau bans some discrimination in employment |
Show Difference | ||
Reports (1)
- Sources are invalid or broken
edited by CHR0LL0PH0BICCC
Helpful?
0 | Old Value (Original) | New Value | |
|---|---|---|
| End Date | (none) | Nov 30, -0001 |
| Original entry | |
|---|---|
| Status | No protections |
| Start Date | (unknown) |
| End Date | (none) |
| Description | Under Chinese Labour Law, there are no protections specifically protecting LGBT people. |
| Sources | http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s |
Reports (4)
- Status is not correct "im might be wrong but i think that china and the socialist policies they have would guarantee everyone access to a job same with cuba, laos, north korea, vietnam. mabey im wrong though but to me it seems like it should be de facto illegal "
- Status is not correct "Article 33 of the Constitution covers it in universalist language, and in 2018-2019 a lawsuit related to a discrimination issue was settled in favor of the person being discriminated against."
- Status is not correct "The above is more up to date"
- Status is not correct "blah"