The Legal Liberation and Empowerment of Transsexual People A broad perspective and detailed discussion of South Africa*

Abstract

Transsexual people are generally
discriminated against, ridiculed and
alienated by transphobic reactions by
employers and co-employees at work.
Nonetheless, it appears that awareness of
the condition is increasing because of
greater societal acceptance of transsexual
people, re-assignment surgery and hormone
replacement therapy more easily available,
and coverage by the media. The article
investigates the nature, causes, diagnosis
and prevalence of transsexualism. The
alignment of a transsexual person’s sexual
expression with her or his internal identity
by surgery, hormone therapy and posture
and voice training are discussed. Relevant
South African laws serve as background for
a critical discussion of the first two reported
cases dealing with discrimination against
transsexual people in the workplace. The
writer welcomes the Labour Court’s
approach of destigmatising transsexualism
and allowing no unfair discrimination
against such people. The writer views the
judgments as wake-up calls for employers to
embrace the diversity of their employees
with the resultant effect of better
employment relations, which will, hopefully,
enhance the quality of working life for
transsexual people, and will have a positive
ripple effect on broader society.
Recommendations are made to raise
awareness of transphobia and
transsexualism among employers, the
medical community, government and the
wider population to relieve the plight of
transsexual people.