fra-2014-being-trans-eu-comparative_en

Discrimination: experiences, awareness, reporting and perceptionssurvey are presented alongside those from the SpecialEurobarometer 393. 38 Both surveys asked respondentshow widespread, in their opinion, discrimination basedon a person’s sexual orientation and gender identity isin their country of residence. The results are not directlycomparable but are presented here together to identifymajor discrepancies and trends.Trans respondents to the EU LGBT survey are more likelythan Eurobarometer survey respondents to say thatdiscrimination based on a person’s gender identity iswidespread in their country of residence. The EU LGBTtrans respondents are more likely to be directly affectedby discrimination based on a person’s gender identitythan the Eurobarometer’s random sample.Trans respondents’ views and those of Eurobarometerrespondents differ by country. The lowest differencesare found in Sweden (19 percentage points) andGreece (22 percentage points), and the highest in Bulgaria(71 percentage points), Romania (64 percentagepoints ) and Ireland (63 percentage points).1.4. Discrimination inemploymentEU-wide protection against discrimination in the areaof employment and occupation is provided for in theGender Equality Directive (recast). The directive, asinterpreted in light of CJEU case law, covers discriminationon the ground of gender identity with respect totransgender persons who underwent, are undergoingor intend to undergo gender reassignment. EU MemberStates have a legal obligation to set up structures tocombat discrimination and to promote equal treatmentin employment, by transposing this legislation. TheEuropean Parliament called on the European Commissionto include a focus “on gender identity when monitoringthe implementation of Directive 2006/54/EC”. 39In addition, the European Social Charter refers to “theright to equal opportunities and equal treatment in mattersof employment and occupation without discriminationon the grounds of sex” (Article 20). The Charteralso contains an anti-discrimination clause, accordingto which “the enjoyment of the rights set forth in thisCharter shall be secured without discrimination on anyground […].” 40 At the UN level, Article 6 of the ICESCRguarantees the “right to work, which includes the right38 For the results of both the EU LGBT survey andthe Eurobarometer survey, see the FRA mainresults report (2014). For more information on theEurobarometer 393 (2012), see http://ec.europa.eu/public_opinion/archives/ebs/ebs_393_en.pdf.39 See Point C (i) of the EU Roadmap against homophobia anddiscrimination on grounds of sexual orientation and genderidentity (European Parliament (2014).40 Part V, Art. E.of everyone to the opportunity to gain his living bywork which he freely chooses or accepts.” Taking intoaccount the anti-discrimination clause from Article 2.2of the ICESCR, this right must “be exercised withoutdiscrimination of any kind.”In Recommendation 2010(5),the Council of Europe mentionsemployment in the context of gender identity:“Member states should ensure effective protectionagainst discrimination on grounds of sexual orientationor gender identity in employment and occupation in thepublic as well as in the private sector.” 41 What is more,the Committee of Ministers agreed that “[p]articularattention should be paid to providing effective protectionof the right to privacy of transgender individualsin the context of employment, in particular regardingemployment applications, to avoid any irrelevant disclosureof their gender history or their former name tothe employer and other employees.” 42The FRA survey asked respondents if they had felt personallydiscriminated against because of being transwhen looking for work or at work in the year precedingthe survey. To develop a broader understanding of transpersons’ experiences at the workplace, respondentswere also asked if they had been open about beingtrans at work, and if they had heard or seen negativecomments or conduct towards LGBT persons, orexperienced general negative attitudes regardingLGBT persons at work, during the five years precedingthe survey.1.4.1. Discrimination when lookingfor a job or at work in thelast 12 months“I just feel it is sad. I tried to get a job with openness andhonesty about my trans past and didn’t find any. I lie myass off saying that I am the rather large and masculine Momof two grown boys and have been in employment about12 years now based on a lie [...] Living the lie is easier thanfighting all the time against society in everyday life [...It ]keeps myself and my boys fed and clothed.”(Trans, Lesbian, 44, Germany)Over one in three trans respondents have felt discriminatedagainst because of being trans when looking for ajob (37 %) and slightly over a quarter report discriminationwhen at work (27 %) in the 12 months preceding thesurvey (Figure 6). This is more than twice the percentageof lesbian, gay and bisexual respondents who havefelt discriminated against in employment. A breakdownin subgroups shows that of all trans respondents, transwomen are the most likely to indicate that they have feltdiscriminated against.41 Point 29.42 Point 30.27