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UNITED STATES’ EXPERIENCE IN PROTECTING TRANSGENDER PEOPLE AGAINST DISCRIMINATION IN LABOR RELATIONS...

21/05/2024

UNITED STATES’ EXPERIENCE IN PROTECTING TRANSGENDER PEOPLE AGAINST DISCRIMINATION IN LABOR RELATIONS AND RECOMMENDATIONS FOR VIETNAM

Tri Duc, Nguyen[1]

Abstract: This study will explore the United States’ experiences in promulgating regulations to protect the legal rights of transgender people in labor relations and ensure their health as stipulated in the Code of Federal Regulations of the United States (CFR). It will then provide a basis for comparison with regulations protecting transgender women in labor relations in Vietnam and make appropriate recommendations for Vietnam.
Keywords: United States Law, labor relations, transgender women, legal rights and interests.
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1. Introduction
According to a report by the Ministry of Health, in Vietnam, there are an estimated 490,000 transgender people, including two groups: the first is from male to female (MTF: Male to Female), and the second is from female to male (FTM: Female to Male). Unlike gay or bisexual people who can hide their sexual orientation, transgender people want to express their gender identity by changing their gender; because of this factor, they are often targeted and more susceptible to stigma and discrimination in society. [2] Stigma and discrimination can have adverse effects on legal rights and benefits for transgender people. Nearly 75% of transgender women in Vietnam have changed their appearance in inappropriate ways with their gender identity, thereby causing obstacles such as discrimination when they participate in Vietnam's workforce, as well as their ability to ensure fairness when using medical services. [3] Another study conducted in 2019, related to a survey of the current situation of discrimination in the workplace, showed that people in the LGBT community are discriminated against in many forms and at a high rate of discrimination by one of the forms is 75.6%, and up to 30% are regularly discriminated against by all forms surveyed. Among them, standard forms of discrimination include regulations on work uniforms (12.7%), negative comments from customers (10%), refusal to work, and restrictions on work, such as promotion, bonus, or forced transfer to another job position due to the employee's sexual orientation (40%-50%). [4]
In the United States, since the 90s of the last century, activities to protect legal rights and interests, as well as combat discrimination against transgender people, have taken place and achieved desirable results based on the foundation of activities to protect the legal rights and interests of gay, lesbian and bisexual (LGB). [5] The exclusion of the view that transgender people are people with psychological diseases has helped transgender people protect their legal rights and interests in United States laws on protection provisions on equality. Specifically, legal experts in the United States have given unanimous opinions based on the request to protect the legitimate rights of a transgender person in Court (Case: Blatt's Implications). In the process of requesting protection of the legal rights of transgender people, the view that the state of “gender dysphoria” that transgender people suffer from does not stem from their gender incompatibility but comes from adverse reactions, discrimination, and aversion from employers, which leads to gender dysphoria among transgender women. Viewpoints related to protecting transgender people to enjoy legal rights related to health care and non-discrimination in the workplace... is content targeted by United States law to ensure their rights by the United States Constitution. [6] Studies also show that in the United States, there has been clear progress in ensuring equal rights for transgender people in the United States, to lead a safe and happy life with the respect that they deserve to receive. [7] Meanwhile, transgender people in general and transgender women in particular have not been mentioned in Vietnam's 2019 Labor Code, leading to ensuring the legal rights and interests of transgender women in labor relations still has many limitations. Therefore, refer to the experience of the United States in regulations related to ensuring equal rights, anti-discrimination in the workplace, and health assurance policies for transgender women that propose appropriate recommendations for Vietnamese Law.

[1] Faculty of Law - Ho Chi Minh City University of Economics and Finance, email: trind@uef.edu.vn

[2] Ministry of Health of the Socialist Republic of Vietnam (2022), Report on the current situation of transgender people in: Vietnam and the relevant legal system, https://moh.gov.vn/documents/20182/212437/880B%25C3%25A1o%2520c%25C3%25A1o%2520th%2520c%2520trang%2520ng%2520i%2520chuy%2520n%2520gi%2520i.doc/253afe2c-0b06-46f6-b8ec-81010c742a29, retrieved April 2, 2024.

[3] United Nations in Vietnam (2021), Transgender rights: need to think about the community of half a million people, https://vietnam.un.org/vi/164561-quyền-chuyển-đổi-giới-tính-cần-nghĩ-đến-cộng-đồng-nửa-triệu-người, retrieved 2 April 2024.

[4] Nguyen Thi Kim Ngan, An Thanh Ly (2019), Current status of discrimination based on differences in sexual orientation in the workplace for gay, bisexual and transgender people in industrial parks. Journal of Community Medicine, Vol 4(51), 79-82

[5] Paisley Currah et al. eds, (2006), Shannon Price Minter, Do Transsexuals Dream of Gay Rights? in TRANSGENDER RIGHTS 141- 142

[6] Kevin M. Barry, Brian Farrell, Jennifer L. Levi, & Neelima Vanguri (2016), A Bare Desire to Harm: Transgender People and the Equal Protection Clause, 57 B.C. L. REV. 507

[7] Rose Gilroy et al. (2020), Transgender Rights and Issues, The Georgetown Journal Of Gender And The Law, [Vol. XXII:417], 485