Employment terminated after conversation with customer on transgender identity

October 2021

Kaylene* is proud of her transgender identity. She worked in retail and did her job well, maintaining a positive performance record. She also often received praise from customers and her supervisor for her service.

Kaylene would engage with curious customers if they initiated friendly conversations with her surrounding her transgender identity. When this was discovered by Kaylene’s employer, she was counselled for speaking openly with customers. She received a negative performance review at the end of her probationary period. Kaylene was later terminated.

Kaylene felt she had to hide who she was at work, which caused her mental health to suffer. She lodged a complaint of transgender discrimination with ADNSW.

During conciliation, her employer denied that Kaylene’s termination of employment was linked to her transgender identity. However, they sympathised with Kaylene and agreed to provide her with employment references and assistance with job seeking. The employer also agreed to pay a monetary payment which was accepted by Kaylene and resolved the complaint.

*Name has been changed to protect the privacy of the individual.