Entry #1738: LGBT employment discrimination in China

Current Version

Region	China
Issue	LGBT employment discrimination
Status	No protections
Start Date	(unknown)
End Date	(none)
Description	There are no protections specifically protecting LGBT people. In January 2020, a transgender person emerged victorious in a lawsuit against workplace discrimination. However, the sentence only applies to this specific case.
Sources	https://www.researchgate.net/publication/380062365_The_Legal_Status_of_LGBTQ_in_China_A_Law_and_Politics_Perspective https://thechinaproject.com/2020/07/06/chinese-trans-woman-wins-sex-discrimination-lawsuit-against-employer-in-landmark-victory/

Revision History (10)

Feb 7, 2025

edited by Nathan. Source added. Fixed

Helpful?

	Old Value	New Value (Current)
Value	Gender identity only	No protections
Description	It is generally ambiguous as under Chinese Labour Law, there are no protections specifically protecting LGBT people. Although Macau bans some discrimination in employment, and a transgender worker won victory against discrimination.	There are no protections specifically protecting LGBT people. In January 2020, a transgender person emerged victorious in a lawsuit against workplace discrimination. However, the sentence only applies to this specific case.
Description	Show Difference It is generally ambiguous as under Chinese Labour Law, there are no protections specifically protecting LGBT people. Although Macau bans some discrimination in employment, and a transgender worker won victory against discrimination. There are no protections specifically protecting LGBT people. In January 2020, a transgender person emerged victorious in a lawsuit against workplace discrimination. However, the sentence only applies to this specific case.
Sources	http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s https://thechinaproject.com/2020/07/06/chinese-trans-woman-wins-sex-discrimination-lawsuit-against-employer-in-landmark-victory/	https://www.researchgate.net/publication/380062365_The_Legal_Status_of_LGBTQ_in_China_A_Law_and_Politics_Perspective https://thechinaproject.com/2020/07/06/chinese-trans-woman-wins-sex-discrimination-lawsuit-against-employer-in-landmark-victory/
Sources	Show Difference http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s https://thechinaproject.com/2020/07/06/chinese-trans-woman-wins-sex-discrimination-lawsuit-against-employer-in-landmark-victory/ https://www.researchgate.net/publication/380062365_The_Legal_Status_of_LGBTQ_in_China_A_Law_and_Politics_Perspective https://thechinaproject.com/2020/07/06/chinese-trans-woman-wins-sex-discrimination-lawsuit-against-employer-in-landmark-victory/

Jan 28, 2025

edited by Pizzaslices412653. There are certain court systems that protect workers from discrimination.

Helpful?

-1

	Old Value	New Value
Value	No protections	Gender identity only
Description	Under Chinese Labour Law, there are no protections specifically protecting LGBT people. Macau bans some discrimination in employment.	It is generally ambiguous as under Chinese Labour Law, there are no protections specifically protecting LGBT people. Although Macau bans some discrimination in employment, and a transgender worker won victory against discrimination.
Description	Show Difference Under Chinese Labour Law, there are no protections specifically protecting LGBT people. Macau bans some discrimination in employment. It is generally ambiguous as under Chinese Labour Law, there are no protections specifically protecting LGBT people. Although Macau bans some discrimination in employment, and a transgender worker won victory against discrimination.
Sources	http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s	http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s https://thechinaproject.com/2020/07/06/chinese-trans-woman-wins-sex-discrimination-lawsuit-against-employer-in-landmark-victory/
Sources	Show Difference http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s https://thechinaproject.com/2020/07/06/chinese-trans-woman-wins-sex-discrimination-lawsuit-against-employer-in-landmark-victory/

Dec 27, 2024

edited by qcksws. Reverting to revision #41507: copied and pasted from Wikipedia

Helpful?

	Old Value	New Value
Value	(REMOVED)	No protections
Special Status	Ambiguous	No protections
Start Date	Jan 2020	(unknown)
Description	In January 2020, an intermediate court in Beijing ruled in the first judicial case regarding the unfair dismissal of a trans employee in China, Ms. Gao v Dang Dang Co. (2020). A trans employee, Ms. Gao, was dismissed by the company Dang Dang after she undergone gender affirming surgery. The company justified the termination by citing her absences during the surgery period, misgendered her, and labelled her as “mentally ill.” The court determined that while the Chinese labour laws do not explicitly protect against discrimination based on gender identity, it is implied that employees who have undergone gender affirming surgery and have had their gender legally recognised should enjoy equal employment rights and not face discrimination. In July 2020, Yang Zi Chen v Hangzhou Ciyuan Culture and Creativity Co. (2020), courts however ruled against a trans employee unfairly dismissed by their employer. Both the first instance and appellate courts ruled that the termination of the contract after the employee underwent gender-affirming care was “not based on discrimination” but on working performance (i.e. being late for work, taking too many days off).	Under Chinese Labour Law, there are no protections specifically protecting LGBT people. Macau bans some discrimination in employment.
Description	Show Difference In January 2020, an intermediate court in Beijing ruled in the first judicial case regarding the unfair dismissal of a trans employee in China, Ms. Gao v Dang Dang Co. (2020). A trans employee, Ms. Gao, was dismissed by the company Dang Dang after she undergone gender affirming surgery. The company justified the termination by citing her absences during the surgery period, misgendered her, and labelled her as “mentally ill.” The court determined that while the Chinese labour laws do not explicitly protect against discrimination based on gender identity, it is implied that employees who have undergone gender affirming surgery and have had their gender legally recognised should enjoy equal employment rights and not face discrimination. In July 2020, Yang Zi Chen v Hangzhou Ciyuan Culture and Creativity Co. (2020), courts however ruled against a trans employee unfairly dismissed by their employer. Both the first instance and appellate courts ruled that the termination of the contract after the employee underwent gender-affirming care was “not based on discrimination” but on working performance (i.e. being late for work, taking too many days off). Under Chinese Labour Law, there are no protections specifically protecting LGBT people. Macau bans some discrimination in employment.
Federal Law	Yes	No
Sources	https://database.ilga.org/china-lgbti	http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s
Sources	Show Difference https://database.ilga.org/china-lgbti http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s

Dec 27, 2024

edited by lucas_120. ambiguous, there are sometimes protection as far as discriminations are concerned

Helpful?

	Old Value	New Value
Value	No protections	(REMOVED)
Special Status	No protections	Ambiguous
Start Date	(unknown)	Jan 2020
Description	Under Chinese Labour Law, there are no protections specifically protecting LGBT people. Macau bans some discrimination in employment.	In January 2020, an intermediate court in Beijing ruled in the first judicial case regarding the unfair dismissal of a trans employee in China, Ms. Gao v Dang Dang Co. (2020). A trans employee, Ms. Gao, was dismissed by the company Dang Dang after she undergone gender affirming surgery. The company justified the termination by citing her absences during the surgery period, misgendered her, and labelled her as “mentally ill.” The court determined that while the Chinese labour laws do not explicitly protect against discrimination based on gender identity, it is implied that employees who have undergone gender affirming surgery and have had their gender legally recognised should enjoy equal employment rights and not face discrimination. In July 2020, Yang Zi Chen v Hangzhou Ciyuan Culture and Creativity Co. (2020), courts however ruled against a trans employee unfairly dismissed by their employer. Both the first instance and appellate courts ruled that the termination of the contract after the employee underwent gender-affirming care was “not based on discrimination” but on working performance (i.e. being late for work, taking too many days off).
Description	Show Difference Under Chinese Labour Law, there are no protections specifically protecting LGBT people. Macau bans some discrimination in employment. In January 2020, an intermediate court in Beijing ruled in the first judicial case regarding the unfair dismissal of a trans employee in China, Ms. Gao v Dang Dang Co. (2020). A trans employee, Ms. Gao, was dismissed by the company Dang Dang after she undergone gender affirming surgery. The company justified the termination by citing her absences during the surgery period, misgendered her, and labelled her as “mentally ill.” The court determined that while the Chinese labour laws do not explicitly protect against discrimination based on gender identity, it is implied that employees who have undergone gender affirming surgery and have had their gender legally recognised should enjoy equal employment rights and not face discrimination. In July 2020, Yang Zi Chen v Hangzhou Ciyuan Culture and Creativity Co. (2020), courts however ruled against a trans employee unfairly dismissed by their employer. Both the first instance and appellate courts ruled that the termination of the contract after the employee underwent gender-affirming care was “not based on discrimination” but on working performance (i.e. being late for work, taking too many days off).
Federal Law	No	Yes
Sources	http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s	https://database.ilga.org/china-lgbti
Sources	Show Difference http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s https://database.ilga.org/china-lgbti

Oct 21, 2023

edited by danlev. Notes to other editors should be left in edit summary.

Helpful?

	Old Value	New Value
Description	Under Chinese Labour Law, there are no protections specifically protecting LGBT people but Macau bans some discrimination in employment. However, since Macau has its own separate page, the "no protections" option is the most suitable in this case	Under Chinese Labour Law, there are no protections specifically protecting LGBT people. Macau bans some discrimination in employment.
Description	Show Difference Under Chinese Labour Law, there are no protections specifically protecting LGBT people but Macau bans some discrimination in employment. However, since Macau has its own separate page, the "no protections" option is the most suitable in this case people. Macau bans some discrimination in employment.

Oct 21, 2023

edited by cihalcoc. Incorrect status

Helpful?

	Old Value	New Value
Value	(REMOVED)	No protections
Description	Under Chinese Labour Law, there are no protections specifically protecting LGBT people but Macau bans some discrimination in employment	Under Chinese Labour Law, there are no protections specifically protecting LGBT people but Macau bans some discrimination in employment. However, since Macau has its own separate page, the "no protections" option is the most suitable in this case
Description	Show Difference Under Chinese Labour Law, there are no protections specifically protecting LGBT people but Macau bans some discrimination in employment employment. However, since Macau has its own separate page, the "no protections" option is the most suitable in this case

Jul 18, 2023

edited by Pizzaslices412653. Macau bans some discrimination against LGBT

Helpful?

	Old Value	New Value
Value	No protections	(REMOVED)
Description	Under Chinese Labour Law, there are no protections specifically protecting LGBT people.	Under Chinese Labour Law, there are no protections specifically protecting LGBT people but Macau bans some discrimination in employment
Description	Show Difference Under Chinese Labour Law, there are no protections specifically protecting LGBT people. people but Macau bans some discrimination in employment

Reports (1)
Sources are invalid or broken 
Aug 21, 2023

Apr 1, 2023

edited by danlev. Changing to current law

Helpful?

	Old Value	New Value
End Date	Nov 30, -0001	(none)

Dec 8, 2022

edited by CHR0LL0PH0BICCC

Helpful?

	Old Value (Original)	New Value
End Date	(none)	Nov 30, -0001

Jan 28, 2015

created by danlev

Helpful?

	Original entry
Status	No protections
Start Date	(unknown)
End Date	(none)
Description	Under Chinese Labour Law, there are no protections specifically protecting LGBT people.
Sources	http://iglhrc.org/content/china-legal-position-and-status-lesbian-gay-bisexual-and-transgender-people-people%E2%80%99s

Reports (4)
Status is not correct "im might be wrong but i think that china and the socialist policies they have would guarantee everyone access to a job same with cuba, laos, north korea, vietnam. mabey im wrong though but to me it seems like it should be de facto illegal "
Oct 18, 2022
Status is not correct "Article 33 of the Constitution covers it in universalist language, and in 2018-2019 a lawsuit related to a discrimination issue was settled in favor of the person being discriminated against."
Nov 27, 2020
Status is not correct "The above is more up to date"
May 7, 2019
Status is not correct "blah"
Jan 13, 2016