Transgender discrimination now unlawful

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Transgender discrimination now unlawful

As of 1 October 1996, it is unlawful in NSW to discriminate against a person on the ground of transgender when he or she is applying for employment, in his or her terms and conditions of employment or when terminating his or her employment.

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As of 1 October 1996, it is unlawful in NSW to discriminate against a person on the ground of transgender when he or she is applying for employment, in his or her terms and conditions of employment or when terminating his or her employment.

The new ground of transgender was added to the list of grounds under the Anti-Discrimination Act 1977outlawing particular forms of discrimination in employment.

The amendment has the effect of covering a transgender person in the same manner as all other employees in relation to discrimination, harassment and vilification. Both direct and indirect discrimination on the ground of transgender are prohibited.

A "transgender" person is defined as a person who identifies as a member of the opposite sex by living, or seeking to live, as a member of the opposite sex, or who has identified and lived as a member of the opposite sex.

Exceptions will apply to employment within a private household where the number of persons employed does not exceed five, or where the person is employed by a private educational authority.

Consequential amendments have also been made to other legislation relating to birth certificates, wills and probate, and criminal offences against transgender persons.

 

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