New employment and education certificates needed after sex reassignment

For transgender people, it is important to obtain replacement employment and education certificates after sex reassignment so that these documents will bear their new name and personal identity number.

If persons who have undergone sex reassignment have to rely on old certificates, they will be subject to unlawful discrimination in applying for jobs or studies; this will also compromise their privacy.

The Ombudsman for Equality has been asked for advice and instructions regarding the replacement of employment and education certificates following sex reassignment. The Ombudsman for Equality is responsible for monitoring the observance of the Act on Equality between Women and Men. Discrimination on the basis of sex or gender as prohibited in the Equality Act covers discrimination on the basis of sex reassignment as well as discrimination on the basis of a person being male or female.

The right to obtain a replacement employment certificate is provided for in the Employment Contracts Act. For instance, the Act stipulates that if an employment certificate is lost, the employer must provide a copy of it. However, there is nothing to prevent the employer from providing, on request, a new employment certificate with the employee's new name. The Ombudsman for Equality and the occupational safety and health authorities recommend that employers provide replacement employment certificates with new personal data for persons who have undergone sex reassignment. The employer may confirm the employee's personal data for instance through an extract from the Population Information System.

The Ministry of Education has already issued instructions whereby matriculation examination certificates and degree and qualification certificates may be re-issued with new personal data to persons who have undergone sex reassignment, because using the old certificates would be unreasonably difficult and could compromise the interests of these persons.

15.06.2010