A transsexual who is suing Hitachi Data Systems on both sides of the Atlantic in the biggest ever transgender sexual discrimination case has lost the British leg of her claim.
Jessica Bussert, formerly Josh, claimed £500,000, alleging she had been demoted to secretarial tasks after a period of sick leave following surgery to feminise her face and breasts.
She had transferred to the UK from the US branch of Hitachi two years ago but went on sick leave after a negative appraisal from her boss two days after she had filed a discrimination claim. After three months she returned to work but then went on sick leave again, saying the company had made things ‘difficult’.
When Hitachi stopped paying her salary she resigned and filed an addition claim for constructive dismissal.
But the Reading employment tribunal unaminously decided she had resigned of her own free will, and praised Hitachi’s managers and the company’s practices, saying it had embraced diversity.
Under the Sex Discrimination (Gender Reassignment) Regulations 1999 it is unlawful to discriminate against anyone who intends to, has had or is going through gender reassignment. There is no upper limit on compensation in these cases.
