트랜스젠더를 이유로 한 해고와 차별금지

Abstract

Transgender-based dismissal and non-discrimination This article studies transgender-based discharges, and seeks to adequately protect employees from transgender discrimination. It has four parts. First of all, this article examines what current laws exist in order to protect employees from transgender discrimination. In the meantime, this paper begins with a discussion of whether "transgender" belongs to sex or sexual orientation as a discrimination cause. Secondly, this article focuses on the issue – a transgender employee meets clients or customers and they have prejudice or hatred of transgender, and thus it may cause loss to an employer. In this respect, this author discusses whether the employer may be able to discharge the employee based on transgender. Thirdly, this writing analyzes that in an interview process, whether an employee’s false or hiding statements to an employer’s questions that the employee is transgender – which is unrelated of testing the employee’s working capacity but it may have discriminatory characteristics, are a dismissal cause, which may be considered as an unlawful behavior to disturb the employer’s hiring process. Finally this article concludes, with suggestions of the necessity of anti-discrimination statutes for sexual minorities, including transgender.