The Regional Labor Court of Rhineland-Palatinate (Germany) ruled against a transsexual woman who claimed she was discriminated against based on “sexual identity” (when she was not hired for a job. The court concluded that the employer diod not know that the applicant was transsexual and thus could not discriminate against her based on transsexualism. The applicant sought compensation under the German General Equal Treatment Act, which prohibits discrimination based on (i) race and ethnic origin, (ii) gender, (iii) religion or ideology, (iv) disability, (v) age and (vi) sexual identity broadly defined and related to sexual relationships between one person and another). Employers must prevent any discrimination based on these characteristics for all terms and conditions of employment, including selection criteria.
The Regional Labor Court ruled out that a violation of the General Equal Treatment Act could be shown to exist only if the defendant had positively known of the transsexualism and made a decision on such basis. The claimant’s transsexualism, however, was not revealed until in the grounds for appeal.