Transgender EuroStudy – Legal Survey and Focus ... - ILGA Europe

47 April 2008
Employment Status: Chart 7 shows that over the full European survey, unemployment
figures appear favourable compared to the current European worker experience, with figures of
between 5% (trans men) and 7% (trans women) compared to an EU 27 average of 8.2%, with the low
end at 3.3% [Denmark] and the high at 10.2% (Germany). 56
Despite this, the numbers in paid employment are low. The current EU 27 average for all those
working out of the potential working population is 64.7%, with a rate of 57.4% for women, and 72%
for men (Eurostat), whereas in the respondent population only 40% of trans women and 36% of trans
men are in some sort of paid employment. 57 We can guess that this community is not generally a
wealthy community, with an average of 31% in full time work.
In most European Union countries, protection in employment for trans people only came into
existence with the decision of the European Court of Justice in P v S and Cornwall County Council (P v S). 58
A few countries had provided protection earlier than the decision e.g. Netherlands and Germany, but
the vast majority did not. Despite the very speedy reaction of the UK’s tribunal system to this case,
probably because it was a UK case, and the eventual introduction of regulatory protection, 59 we still
see most EU countries, to date, having failed to formally extend legislative employment protection to
trans people, relying instead on their lower court and tribunal systems to deal with claims that might
arise. This may explain the statistics from this research report.
Chart 7: The Employment Status of the Respondents Across Europe
45.0%
40.0%
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
40%
38%
36%
Total in
employment
33%
31%
27%
Working full
time
8% 8% 7%
8% 9% 7% 7%
Working part
time
Job Status: Percentages of All Respondents employment status
Job Status: Percentages of (female to male) Trans Men employment status
Job Status: Percentages of (male to female) Trans Women employment status
Unemployed Student Retired Long term
illness/disability
and unable to
work
Salary and Wages: The respondents report a wide range of incomes, though they are
disproportionately at the lower end of salary levels, with over one third – 37.4% – having a personal
income of less than €20,000 per annum. Moreover, approximately half of trans people – 49.4% – have
earnings less than €25,000, which is significant given that average earnings in the EU 27 are €28,000. 60
14%
3% 3% 2%
4% 5% 4%
5%
56
Source: Eurostat 18-
12-2007
57
See the European
Commission website
Eurostat
http://epp.eurostat.ec.
europa.eu.
58
P v S and Cornwall
County Council (Case C-
13/94) [1996], IRLR 347.
In that decision the
court clearly stated that:
“In view of the objective
pursued by Council
Directive 76/207/EEC of
9 February 1976 on the
implementation of the
principle of equal
treatment for men and
women as regards
access to employment,
vocational training and
promotion, and working
conditions, Article 5(1)
of the Directive
precludes dismissal of a
transsexual for a reason
related to a gender
reassignment."
59
Sex Discrimination
(Gender Reassignment)
Regulations 1999.
60
See the European
Commission website
Eurostat
http://epp.eurostat.ec.
europa.eu.