Gender identity case studies
The gender identity discrimination case summaries are grouped into two categories: court and tribunal decisions, and conciliated outcomes.
- Gender identity discrimination summaries of court and tribunal decisions
- Gender identity discrimination summaries of conciliated outcomes
Warning: These are real life examples and contain language or content that may offend.
Court and tribunal decisions are made after all the evidence is heard, including details of loss and damage. The full text of court and tribunal decisions is available from:
Conciliated outcomes are where the parties have reached an agreement through conciliation at the Queensland Human Rights Commission.
Court and tribunal decisions
Abuse and threat of violence of transgender person
Type of outcome | Queensland Civil and Administrative Tribunal decision |
Contravention | Gender identity vilification and sexual harassment |
Outcome | Complaint upheld |
Compensation | $15,000 |
Year | 2011 |
Summary The neighbour then wrenched a wooden paling from the fence and shouted ' The tribunal found this form of gang-style violence constituted sexual harassment, vilification on the grounds of gender identity, as well as the offence of serious vilification, which is punishable by imprisonment or fine. The woman was terrified and experienced anxiety and stress, and she continued to feel unsafe around her home. The tribunal awarded compensation of $10,000 for vilification and $5,000 for sexual harassment. Brosnahan v Ronoff [2011] QCAT 439 (16 August 2011) |
Refusal of service
Type of outcome | Anti-Discrimination Tribunal Queensland decision |
Contravention | Discrimination |
Attribute | *Sex, and lawful sexual activity |
Area | Supplying goods or services |
Outcome | Financial compensation |
Compensation | $9,000 |
Year | 2007 |
Summary Compensation was awarded as follows: $5,000 (general damages); $3,000 (lost income); $500 (outlays); and $500 (interest). *The conduct in this complaint occurred before the Act was amended to include M v A and U [2007] QADT 8 — liability (16 March 2007) |
Conciliated outcomes
Humiliated by repeated misgendering
Type of outcome | Conciliation |
Contravention | Discrimination |
Attribute | Gender identity |
Area | Supplying goods or services |
Outcome | Donation of $2,000 to LGBTIQ youth charity |
Year | 2021–2022 |
Summary At the conciliation conference the respondents said they had not intended to offend the complainant, but agreed to make a $2,000 donation to a charity that supports LGBTIQ youth, and to provide all staff with anti-discrimination training. |
Transgender scholarship student denied enrolment
Type of outcome | Conciliation |
Contravention | Discrimination |
Attribute | Gender identity |
Area | Education |
Outcome |
Statement of regret Policy development Training by qualified external trainer |
Year | 2020–2021 |
Summary Consequently, the mother declined the offer of a scholarship for both children. The respondents disagreed with the facts alleged in the complaint, but acknowledged there was an absence of policy around enrolment of a transgender child and that policy development in this area was needed. The complaint was resolved by the school providing a statement of regret, and agreeing to develop and implement a policy, including gender identity training for key staff by a qualified external trainer. |
Trans student not supported at school
Type of outcome | Conciliation |
Contravention | Discrimination |
Attribute | Gender identity |
Area | Education |
Outcome |
Policy review Compensation |
Year | 2019 |
Summary The matter was resolved in conciliation on the basis of substantial financial compensation and a review of the school policies |
Trans employee and changes to payroll
Type of outcome | Conciliation |
Contravention | Discrimination |
Attribute | Gender identity |
Area | Work |
Outcome |
Statement of regret Policy change Compensation |
Compensation | $6,000 |
Year | 2018 |
Summary The parties agreed to resolve the matter on the following outcomes:
|
Trans young person in care wanted records changed
Type of outcome | Conciliation |
Contravention | Discrimination |
Attribute | Gender identity |
Area | State laws and programs |
Outcome |
Financial assistance Change in practice |
Summary During conciliation the parties agreed to settle the matter on the following basis:
|
Housing service learns from trans complaint
Type of outcome | Conciliation |
Contravention | Discrimination |
Attribute | Gender identity |
Area | Accommodation |
Outcome |
Anti-discrimination training for staff LGBTI awareness and support training for staff Reimbursement of removal costs Inclusivity statement for website |
Year | 2017 |
Summary She said that when she complained to her housing provider, the service said that they The housing provider contended that they had treated her case like any other tenant who complained about neighbours’ behaviour, but expressed regret that the woman felt that their response was inadequate and that she felt it was necessary to leave. Prior to conciliation, the woman secured new accommodation at a Department of Housing property. Her priority had been escalated because it was no longer safe for her to remain in the community housing accommodation During conciliation, the community housing provider agreed to:
|
Transgender female locked out of account due to masculine voice
Type of outcome | Conciliation |
Contravention | Discrimination |
Attribute | Gender identity |
Area | Supplying goods or services |
Outcome |
Verbal apology Staff training Financial compensation |
Compensation | $6,000 |
Year | 2016–2017 |
Summary The complainant alleged being locked out of her accounts because the operator had concerns about the complainant’s masculine voice, despite the complainant disclosing her transgender status, and this being documented on the complainant’s account. The respondent gave the complainant a verbal apology, agreed to pay general damages of $6,000 to her, and to provide training to all staff on how to better assist transgender clients via telephone. The complainant was locked out of her accounts by a telephone operator, even though the complainant answered the security questions correctly. |
Trans woman refused access to women’s toilet
Type of outcome | Conciliation |
Contravention | Discrimination |
Attribute | Gender identity |
Area | Supplying goods or services |
Outcome |
Financial compensation Donation to charity Policy change / change in practice Anti-discrimination training undertaken |
Compensation | $3,500 |
Year | 2016 |
Summary At conciliation, two separate agreements were reached: one with the company that employed the security guard, and one with the retail precinct management. The security company agreed to:
The retail precinct management agreed to:
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