Obligations of an employer to a transgender employee

Authors Lindani Mkhwanazi, Alan Rycroft

ISSN: 2413-9874
Affiliations: Research Officer, Institute of Development and Labour Law, University of Cape Town; Professor of Commercial Law, Faculty of Law, University of Cape Town
Source: Industrial Law Journal, Volume 38 Issue 4, 2017, p. 2201 – 2216


This article considers workplace discrimination against a minority group — transgender employees — and explores fair employer responses in a range of situations: in the recruitment process, in harassment, in disability claims, and the more specific issue of whether an employer’s failure to provide separate toilet facilities for transgender employees amounts to unfair discrimination. The article details the legal history that led to the current developments and how the courts have dealt with transgender and transsexual discrimination in the workplace.