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Herald Sun, Tuesday, August 15, 2000.
- by Fran Cusworth

EMPLOYERS will get increased powers to sack transgender workers under amendments to the Equal Opportunity Act. But school councils will not get veto powers over teachers who change gender during their employment. Talks between the State Government and a key independent MP in recent months have tightened proposed laws covering transgender people. Mildura MP Russell Savage forced the Bill to be delayed because he was concerned the draft Bill would enable crossdressers to enter toilets meant for the opposite sex.
Under the new amendments, employers will be able to dismiss transgender employees if they can prove to an equal-opportunity tribunal that:

THE employee had not given adequate notice to the employer of his or her intention to change sexual orientation.
IT was not reasonable for the employer to accommodate the transgender person, for cost or feasibility reasons.

The law now defines “bona fide” transgender people as those considered to be undergoing a change of identity to another gender. They do not need to have had surgery to be considered bona fide. Bona fide transgender people will not be barred from the public toilets of their new gender - and Mr Savage said he was satisfied with this. “Bona fide means they are not dressing up in women’s clothes just on a whim,” he said.
The changes come a week after a transsexual woman launched Victoria’s first transgender discrimination case. Sharon Menzies of Rowville is seeking compensation from AstroVac (Australia) Pty Ltd after it sacked her in May 1998 when she returned to work after sex-reassignment surgery.

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