survey, WeCount, to measure gender identity
and sexual orientation and aspects of inclusion
in the Public Service.346 The report of the survey
described participants’ comfort at work, with a
clear trend showing greater levels of comfort
being out highest among respondents who were
gay/lesbian, followed by bisexual, transgender,
and then intersex, participants. Research by the
ILO indicates many workers hide their SOGIESC
due to fear of hostility and rejection.347 This
research shows that there is a direct correlation
between this secrecy and workers’ stress, anxiety,
and loss of productivity.348 44% of WeCount
respondents agreed, or strongly, agreed that they
avoid collaborating or interacting with workmates
who they know or feel have views opposed
to SOGIESC-diverse people and communities.
More than 20% of the survey respondents felt
uncomfortable bringing their whole selves to
work. Their qualitative responses indicated fearing
harm to their career aspirations if they were to be
open about their SOGISC.
Issues for trans employees
While people with diverse sexual orientations
experience issues in the workplace, those with
diverse gender identities often experience
unique and greater barriers. Trans people can
be especially vulnerable to pre-employment
discrimination if any required documentation,
including references, transcripts, or work
history discloses their transgender status. Out@
Work reports that employees who are trans
and/or transitioning face the biggest issues in
the workplace, with indications that they are
subject to the most severe forms of workplace
discrimination.349 This can include the inability
to obtain identity documents, the reluctance
of employers to accept their new sex/gender,
and increased vulnerability to bullying by their
colleagues.350 74% of participants in Counting
Ourselves reported concealing their trans or
non-binary status in the workplace due to fear of
discrimination.351
Due to high rates of discrimination, many trans
people can be frozen out of formal economies
and take on precarious or self-directed work in
the informal labour market. Some trans people
have few employment options other than sex
work. This is reinforced by anecdotal evidence that
while most sex workers do not stay in the industry
long-term, most trans sex workers do.352 19% of
Counting Ourselves participants aged 18 or over
had engaged in sex work or worked in the sex
industry.353
New Zealand inclusion initiatives
Promoting diversity makes business sense. In
New Zealand, there have been recent attempts in
the area of employment to accommodate diverse
sexual orientations and gender identities. In
2011, the then-Department of Labour published
a resource for people transitioning at work.354 At
the time there was little awareness of non-binary
transgender people, and as a result their issues
were not addressed in the resource. Employment
New Zealand has developed guidance for
employers on how to accommodate the needs
of transgender people who are undergoing a
gender transition.355 A 2015 voluntary standard
designed by Standards New Zealand established
general principles for demonstrating that an
organisation can be accredited as an inclusive
State Service Commission WeCount 2019: LGBTQIA+ representation in the public service (Wellington, December 2019).
International Labour Organization Discrimination at work on the basis of sexual orientation and gender identity: Results of the ILO’s
PRIDE Project (Geneva, 2015).
348
International Labour Organization “The right to be yourself at work” (media statement, 17 May 2016).
349
New Zealand Human Rights Commission meeting with Out@Work (18 April 2019). This was also the most common form of
discrimination described in submissions from transgender people to the Commission’s Transgender Inquiry in 2006 and 2007.
350
International Labour Organization “Message for International Day Against Homophobia and Transphobia” (media statement, 17
May 2014).
351
Jaimie Veale and others Counting Ourselves: The health and wellbeing of trans and non-binary people in Aotearoa New Zealand
(Transgender Health Research Lab, University of Waikato, Hamilton, 2019).
352
New Zealand Human Rights Commission meeting with Gender Minorities Aotearoa (23 January 2019).
353
Jaimie Veale and others Counting Ourselves: The health and wellbeing of trans and non-binary people in Aotearoa New Zealand
(Transgender Health Research Lab, University of Waikato, Hamilton, 2019
354
Department of Labour Transgender People at Work (2011).
355
Employment New Zealand “Transgender employees” (undated) <https://www.employment.govt.nz/>.
346
347
57