Gender identity case studies

Summary: A transgender woman was woken late at night by yelling from the footpath outside her home. A group of people, including a neighbour, were calling out abuse such as "You f***ing faggot, you have your f***ing dick in a jar".

The neighbour then wrenched a wooden paling from the fence and shouted "Has anyone got a box of matches so we can burn the f***ing faggot's place down?"

The tribunal found this form of gang-style violence constituted sexual harassment, vilification on the grounds of gender identity, as well as the offence of serious vilification, which is punishable by imprisonment or fine.

The woman was terrified and experienced anxiety and stress, and she continued to feel unsafe around her home.

The tribunal awarded compensation of $10,000 for vilification and $5,000 for sexual harassment.

Brosnahan v Ronoff [2011] QCAT 439 (16 August 2011)

Summary: As a transgender woman (who was also a sex worker) walked down the street, a worker in a bottle shop yelled out to her drag queen , and a worker from the adjacent grocery store, who was outside the bottle shop, laughed. Later, when the woman went into the grocery store, she confronted the worker about the incident and he refused her service and required her to leave the premises.

Compensation was awarded as follows: $5,000 (general damages); $3,000 (lost income); $500 (outlays); and $500 (interest).

*The conduct in this complaint occurred before the Act was amended to include gender identity as a ground of discrimination, and to define lawful sexual activity as the status of being a lawful sex worker. Before those amendments, lawful sexual activity meant activity such as homosexual activity.

M v A and U [2007] QADT 8 — liability
M v A and U [2007] QADT 23 — compensation

Summary: A transgender boy was enrolled at co-ed independent school as a girl, but during the course of his schooling started to identify as male. He formally changed his name and pronouns. A number of issues arose after his transition including staff refusing to use his correct name and male pronouns, not being able to access either a boy’s toilet or unisex toilet, not having access to the male uniform, being required to dress in feminine attire at the school formal, and being directed to stay in female accommodation at the school camp.

The matter was resolved in conciliation on the basis of substantial financial compensation and a review of the school policies

Summary: A transgender woman requested to change her name on the payroll system. She was asked by her employer to provide formal paperwork, either a passport or “hospital documents of the procedure”. The complainant had provided a Medicare card and driver’s licence but these were not documents accepted under the name change policy. The complainant felt embarrassed and hurt about being asked to provide documents to confirm her gender change.

The parties agreed to resolve the matter on the following outcomes:

• A statement of regret, particularly about distress caused by the request for hospital documentation;
• Change of the policy on gender affirmation and transition to ensure clarity about which support documents are required for a name change; and
• General damages of $6000.

Summary: A young person came out as trans to his Child Safety Officer (CSO). Soon after this, he was diagnosed with gender dysphoria by a specialist psychologist. He alleged he had to wait 6 months to start puberty blockers, which he considered an unreasonable delay. He says he was advised by a CSO that he could not change his name or pronoun on records because his former female name was on his birth certificate. He claimed that the CSO would also not assist him to have a passport issued in the correct gender.

During conciliation the parties agreed to settle the matter on the following basis:

• financial assistance for a new birth certificate and passport;
• establishment of an LGBTI working group; and
• development of new practice guidelines.

Anti-discrimination training for staff
LGBTI awareness and support training for staff
Reimbursement of removal costs
Inclusivity statement for website

Summary: A transwoman living in community housing was subjected to ongoing and persistent transphobic verbal harassment and threats of violence from other tenants.

She said that when she complained to her housing provider, the service said that they "couldn't do anything" about the abuse.

The housing provider contended that they had treated her case like any other tenant who complained about neighbours’ behaviour, but expressed regret that the woman felt that their response was inadequate and that she felt it was necessary to leave.

Prior to conciliation, the woman secured new accommodation at a Department of Housing property. Her priority had been escalated because it was no longer safe for her to remain in the community housing accommodation

During conciliation, the community housing provider agreed to:

• pay the woman’s removal costs;
• write an inclusivity statement for their website;
• train all staff on the Anti-Discrimination Act ;
• provide specific LGBTI awareness training to all staff; and
• develop a LGBTI referral list to better support their trans & gender diverse clients.

Summary: While at a popular retail precinct, a trans woman went to use the women’s toilets, but was stopped by a centre security guard. The woman said that the security guard told her he had been instructed by centre management to ensure that she was directed to use the men's toilet, and that ‘people like me were not allowed to use the women’s toilet’.

At conciliation, two separate agreements were reached: one with the company that employed the security guard, and one with the retail precinct management.

The security company agreed to:

• pay the woman $1500 as compensation;
• donate $500 to a transgender support group;
• review policies, and implement a policy covering how positive interactions with members of the transgender community should be conducted; and
• organise anti-discrimination training for the security guard.

The retail precinct management agreed to:

• pay the woman $2000 as compensation;
• donate $1000 to a transgender support group;
• review policies and procedures, and implement a policy and procedure that allows trans people to use bathrooms according to their identified gender; and
• organise anti-discrimination training at a managerial level.