Dismissal or refusal to hire
In most circumstances an employer cannot dismiss or refuse to hire someone just because they are trans. In some specific employment situations, an employer can lawfully treat job applicants or employees differently on the basis of sex (for example by having men-only and women-only positions).
A person’s gender identity and expression is not a lifestyle choice, it is simply a part of who they are. A trans person is not being deceptive or dishonest if they do not disclose their gender identity. They are simply refraining from sharing very personal information, often because of fear that they will be discriminated against.
An employer cannot refuse to hire a trans person just because “they won’t fit in” or unilaterally move them away from frontline work just because they are trans. This may provide grounds for a complaint of discrimination on the basis of sex under the Human Rights Act or, in the case of an employee, a personal grievance under the Employment Relations Act.
Dismissing an employee just because they are trans, or pressuring them to resign by changing their working conditions may be grounds for a personal grievance under the Employment Relations Act (including for a new employee on a trial period of up to 90-days) or making a complaint under the Human Rights Act.
