Activists Hail Ruling on Transgender Sacking

Originally publsihed by Reuters, June 21, 2002

TOKYO (Reuters) — A Japanese court ruling that a publishing firm had acted unjustly by firing a male employee who lived as a woman was greeted by lawyers and activists on Friday as a landmark case in the conservative country.

The Tokyo District Court also ruled that the company, Shobunsha Publications, should pay the transgender worker 2.64 million yen ($21,380) in compensation. The worker was not named.

"This was a very good ruling," said Toshiyuki Oshima, a lawyer who has handled cases involving transgenders and transsexuals.

"It was an important step forward in recognizing the rights of people like this."

Masae Torai, a transsexual writer who is fighting for the right to change his name on the official koseki, or family register, said the decision was encouraging.

"It shows that Japan is finally catching up to countries overseas."

Local media reported that the worker, who had been diagnosed as having a gender identity disorder, had requested permission in January to come to work dressed as a woman but was rejected.

He began coming to work dressed as a woman in March but was sacked in April for "a variety of reasons," according to a Shobunsha spokesman, who declined to give details.

People with gender identity disorder feel they are trapped in the wrong gender's body. A gay man or woman is generally happy with their gender while preferring partners of the same sex.

The judge ruled that it had not been proven that the employee's presence would have damaged the standing of the company and its business.

Oshima said the case was important for setting a precedent.

"Wider social acceptance of transgenders will take time, but I believe that legally they have now won recognition of their rights that will remain," he said.