In a world that is steadily moving toward inclusivity and equity, the story of a 32-year-old trans woman in China—known by the pseudonym Guagua—paints a sobering picture of the challenges transgender individuals still face. Guagua’s lengthy ordeal began in 2019, when she started working for a state-owned company in Jiangsu province. In the span of just three years, she encountered everything from blatant misgendering and sexist remarks to a legal system seemingly ill-prepared to uphold her rights. Guagua’s story stands as a testament to the resilience of transgender individuals, and the urgent need for comprehensive legislation to protect them.
A Workplace Under Scrutiny
Guagua’s troubles began when she was required, against her will, to conform to “male employee standards” at her workplace. Despite silently enduring these demands for a year—wearing clothes she wasn’t comfortable in and struggling to present herself in a manner that felt unnatural—she found her mental health declining. Conditions such as depression and anxiety began creeping into her everyday life, fueled by a job environment that did not respect her identity. At the time, Guagua had not yet publicly come out as transgender; but in her heart, she knew she was living someone else’s life.
As she navigated this difficult period, a personal tragedy became the catalyst for change. The death of her beloved grandfather forced her to confront her mortality. In her words, she realized “one only lives once,” and she chose to embrace her identity more fully. In March 2021, Guagua began hormone replacement therapy (HRT). This marked a turning point in her personal journey toward authenticity. Although uncertain about the reaction she might receive, she confided in a select group of trusted coworkers. Thankfully, these colleagues offered her genuine support—encouraging her to dress comfortably and even letting her know that they had no objections to her using the women’s restroom.
This glimmer of acceptance gave Guagua hope, and for a moment, it looked like a new dawn of workplace understanding. However, her optimism was short-lived. Company leadership soon began pressuring her to “rectify” her gender expression. They demanded that she remove her nail polish, cut her hair short, and use the men’s restroom. Moreover, they labeled her “selfish” for “not conforming to the company’s requirements for male employees and causing trouble for others.” Under duress, she made a partial compromise—opting to use public restrooms outside the company to avoid conflict. Even this did not appease the management. By December 2021, Guagua was summarily dismissed, under the vague accusation that she was “incompetent for the job.”
Taking It to Labor Arbitration
Feeling she had little choice, Guagua took her case to the local labor dispute arbitration committee. In a surprising win, the committee ordered the company to continue her employment until the expiration of her contract the following year. The joy of this victory was ephemeral, however. Her employer contested the decision and took the matter to court. The resulting legal battle yielded a bittersweet outcome: the court ordered the company to compensate Guagua with 15,000 yuan (approximately US$2,000) for illegal dismissal, but it did not address the underlying issue of transgender discrimination. In other words, the court recognized her firing was unlawful but gave no weight to the discrimination that fueled it.
Guagua was left with an unsettling sense that justice had only been partially served. Yes, she had been awarded some compensation, but the company walked away without any significant penalties. More importantly, the court’s decision never acknowledged her “transgender identity” as a factor in her unjust treatment. Motivated by her legal counsel, attorney Liu Mingke of Beijing Huayi Law Firm, Guagua tried to push the case further by filing lawsuits based on “dispute over equal employment rights” and “dispute over general personality rights.” To her dismay, the first suit was rejected outright because, according to the court, it applied only to cases at the job-seeking stage. As for the latter filing, the court failed even to provide an explanation for why it was not approved.
A Wider Legal Context
The crux of the problem lies in China’s lack of comprehensive anti-discrimination laws. Even though the nation has made strides in various legal reforms, it still trails in protecting the rights of its transgender citizens. According to the 2021 National Transgender Health Survey Report by the Beijing LGBT Centre, over 30% of trans respondents reported experiencing workplace discrimination, yet fewer than 6% sought legal recourse. The small number of trans-related workplace cases—fewer than ten in the past decade—reflects a deeper systemic issue. Policymakers and lawmakers have not placed sufficient urgency on enacting legislation that definitively protects transgender people in the workplace. Compounding this problem is the limited infrastructure in place, such as equal opportunities offices, that could guide employers and employees through discrimination disputes.
Still, some progress offers glimmers of hope. Attorney Liu points out that the legal landscape, while flawed, is slowly evolving. The willingness of younger generations to stand up against workplace discrimination is putting a spotlight on this issue. In 2020, a landmark Beijing court ruling sided with a transgender woman who had been fired for taking leave to recover from gender reassignment surgery. In its decision, the court emphasized the importance of “respecting diverse ways of living” and “protecting the dignity of transgender people.” Such precedents, while not enough to cure systemic discrimination overnight, have begun to shape the conversation among legal professionals and the judiciary.
Liu recalls another significant lawsuit she observed: a transgender plaintiff sued a company for discriminatory treatment and even brought in a law professor as an expert witness. During the hearing, the presiding judge asked the professor many fundamental questions, such as what constitutes discrimination in the workplace. The judge also inquired about how the plaintiff used public restrooms—a question that seemed to echo the general lack of understanding surrounding trans people’s lives. While questions about restrooms often dominate the mainstream discourse, Liu emphasizes that public bathrooms are far from the only concern. More pressing issues for transgender individuals include identity documentation mismatches, adequate healthcare for hormone therapy, educational accessibility, and the broader matter of employment stability.
The Future of Transgender Rights
Guagua’s story is a microcosm of the challenges facing many trans people—not just in China, but around the world. Feeling alienated in workplaces, fighting for basic legal recognition, and navigating complex bureaucratic systems remain common struggles. Yet her willingness to persist for three years—facing her company in labor arbitration, defending herself in court, and seeking additional legal pathways—underscores not just her own courage but the determination within the broader transgender community to stand up for their rights.
What can we learn from Guagua’s three-year battle? First and foremost, legal reforms are long overdue in many countries, including China. Anti-discrimination laws must explicitly protect transgender people in every aspect of public life—especially in employment, where job security is intricately tied to mental health, financial stability, and social well-being. Second, greater social awareness is essential. Empathy and understanding from coworkers, supervisors, and executives alike can make or break a transgender person’s experience. On this front, the support Guagua received from a few trusted colleagues was invaluable; it offered a lifeline of hope and validated her identity. But real progress requires that this sense of allyship extend throughout entire organizations—and indeed, entire cultures.
Lastly, Guagua’s case is a call to action for trans individuals, their families, and allies worldwide. The battle against discrimination requires collective momentum. When one trans person bravely goes to court, it paves the way for others, establishing legal precedents and fostering societal change. Advocacy groups, both domestic and international, can help amplify these stories, push for policy reform, and educate the public on transgender rights. Furthermore, lawmakers and businesses alike can invest in creating transparent policies that actively promote diversity, equity, and inclusion within workplaces.
The Bottom Line
Guagua’s journey underscores the resilience of transgender individuals who refuse to be silent in the face of injustice. It also shines a spotlight on the current gaps in the legal and societal structures meant to protect them. The world is indeed moving forward in many respects, but stories like hers remind us that progress is often uneven, slow, and fraught with setbacks. As more people learn about her ordeal, there’s hope that empathy and awareness will grow, prompting more robust laws and more enlightened workplaces. Because living authentically should never cost someone their dignity, livelihood, or peace of mind—and it should certainly never be dismissed by a court that fails to acknowledge the real issue at hand: discrimination.
Above all, Guagua’s struggle stands as a powerful message to transgender individuals around the globe: you are not alone. Each step taken toward justice—however small—helps break the silence surrounding anti-trans bias. These pivotal cases serve as legal and moral benchmarks, pushing society to treat transgender individuals with the respect and dignity they deserve. By sharing her story, Guagua not only asserts her own right to live freely and openly; she also becomes part of a much larger tapestry of trans voices calling for lasting change. And in a world that often seems indifferent, each voice counts, each legal win matters, and each personal triumph shines as a beacon of hope for the next generation.
