Court awards $35,000 after trans man was ‘dead-named’ by employer
A trans healthcare worker has won a $30,000 payout following being ‘dead-named’ (Getty Images)
A New South Wales tribunal has awarded $35,000 to a transgender health worker after finding an internal recruitment “Former Name Check Condition” indirectly discriminated against him and effectively forced him to disclose previous names, raising fears he could be outed at work.
The NSW Civil and Administrative Tribunal (NCAT) heard the worker, who identifies and presents as a man, applied for a new role in the Northern NSW Local Health District in 2023. He had worked for the state health service since 2020, after transitioning and changing his given names.
Not long after applying, a colleague rang him to confirm he had previously gone by other names because the former-name check condition applied to internal applicants. The worker confirmed his birth names, but said he felt humiliated that a colleague now knew he had previously used female names. He also raised concerns about being outed within his workplace.
Tribunal members Peter Roney KC and Michael Maher found the worker experienced escalating anxiety and distress. “He has endured panic attacks, rapid breathing, and from time to time can only manage two to four hours of sleep when he is required to engage with (the health district) about the matter,” they found. “He describes feeling sick to his stomach when considering he could be outed, a fact he is reminded of daily.”
Why the ‘former name’ check was discriminatory
NCAT accepted expert testimony that inadvertent use of “dead names” was likely to cause significant distress to transgender people. The tribunal concluded: “We find that a substantial proportion of transgender men and women employed by (the health district) would be unable to comply with the Former Name Check Condition,” they found.
The decision followed the worker making an internal complaint, as well as reports to the NSW Ombudsman and Anti-Discrimination NSW. The health district’s People and Culture Committee considered options to change the process in 2025, but decided change would be impractical and significantly increase workload.
Compensation and aggravated damages
After a four-day hearing, NCAT concluded indirect transgender discrimination in employment had been established. The worker was awarded $25,000 in non-monetary compensation and $10,000 in aggravated damages or compensation.
The tribunal said the aggravated damages related to the health district’s conduct during the hearing, including making “unfounded and offensive assertions”.
