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Sexual orientation: Dismissal of transsexual prohibited by Community law

This report relates to 1 case(s)

The EC Equal Treatment Directive precludes dismissal of a transsexual for a reason related to a sex change, holds the European Court of Justice in P v S and Cornwall County Council 30.4.96 Case C-13/94. The Directive's scope cannot be confined simply to discrimination based on the fact that a person is of one or other sex. It also applies to discrimination arising from the gender reassignment. Such discrimination is based, essentially if not exclusively, on the sex of the person concerned. Where a person is dismissed on the ground that he or she intends to undergo, or has undergone, a sex change, he or she is treated unfavourably by comparison with persons of the sex to which he or she is deemed to belong before undergoing gender reassignment.