Transgender Discrimination: Guidelines for Employers and Service Providers

 Is transgender discrimination against the law?

Yes. It is generally against the law to discriminate against or harass people because:
they are transgender, oryou think they are transgender, orthey have a relative or associate who is (or you think is) transgender.

In the same way as with other types of unlawful discrimination, (race discrimination, sex discrimination, and so on), transgender discrimination and harassment are only against the law in relation to employment, service delivery, government education, registered club membership and the provision of any type of rental or holiday accommodation.

It is also against the law to publicly vilify people for being transgender. For more information about transgender vilification please visit the N.S.W. Anti-Discrimination Board website.
What does transgender mean?

Transgender means anyone who lives, has lived, or wants to live as a member of the opposite gender (sex) to their birth gender.

In the past, the common term for transgender has been transsexual. However, in general, people who are transgender prefer to use the term transgender as this is a more accurate reflection of their identity or behaviour - that is, that they want to live and behave as a member of the opposite gender to their birth gender, not the opposite sexuality, sexual preference or sexual orientation. A transgender, just like anyone else, may be heterosexual, homosexual or bisexual.
What does this law mean for employers and service providers?

It means that you must treat all transgenders fairly. It does not matter whether they have or havent had "sex-change" or other surgery. It does not matter whether they are or arent taking hormones. It does not matter why they are transgender. It does not matter what gender they were at birth, or what gender they prefer to be. It does not matter whether they already live as their preferred gender, or whether they are in the process of "changing over" to their preferred gender ("transitioning"). If they fit the definition of transgender given above you must treat them fairly.

The general rule is that you should treat transgenders in the same way as you would treat anyone else. In most cases, this means that you should treat transgenders in the way they wish to be treated. In other words, if they want you to treat them as the opposite gender to their birth gender that is what you should do.

There is more information about the exact legal rights of transgenders - including who is counted legally as being their preferred gender and who isnt, in the N.S.W. Anti-Discrimination Board fact sheet                    "Transgender Discrimination: Your Rights.

The rest of these guidelines answer the most common questions employers and service providers ask us about transgender discrimination. If your question isnt answered either here or in the "transgender discrimination" fact sheet please contact the Anti-Discrimination Board. for advice. You dont have to give us your or your organisations name when you contact us.
Must I treat someone who is transgender as the gender (sex) of their choice?

If your employee, or customer or client is transgender, or decides to "change over" into their preferred gender while working for or doing business with you, it is best to ask them how they wish to be treated and then abide by their wishes. For example, a transgender may still wish to be addressed as their original gender, or they may wish to be known as their preferred gender. They may wish to set an official date from which they will always be known as their preferred gender. It depends on the individual.

Its important to check with the particular person first and not make assumptions. If they are in the process of "transitioning" ("changing over" to their preferred gender), it is important to ask them how they wish to handle this with their colleagues or your staff. Some may wish to talk with their colleagues / your staff themselves, or they may want you to do this for them. Some may want to have a period of leave before coming back as their preferred gender. You can get more information on how best to handle transitioning from the Gender Centre or the N.S.W. Anti-Discrimination Board.

If you have a dress code, it must apply to men and women fairly. In general, someone who is transgender should be allowed to wear the clothing or uniform of their preferred gender.
Do I need to change my records to reflect a transgenders preferred gender?

Anyone (including a transgender) can change their name by deed poll or statutory declaration. If a transgender has changed their name, you should change your records to reflect this. You can ask for an official document to confirm the name change, although you dont have to do this.
Do I have the right to ask transgenders their gender, or to see their identification

This would depend on the circumstances and the reasonableness of the request. In general, you can only ask to see someones identification in a situation where everyone else would be asked to show their identification. In most situations, it wouldnt be appropriate to ask questions about someones gender unless you are asking everyone else too. In general, its best to treat transgenders in the way they are presenting themselves and not ask inappropriate questions.

Source: http://gendercentre.org.au/discrimination_service_providers.htm/