Supreme Court confirms that non-binary people also benefit from protection against sex discrimination
A non-binary person was dismissed from their job at a casino after refusing to comply with the employer’s dress code (heavy make-up, painted nails, elegant high-heeled shoes). The employer was sued for, among other things, compensation for breaching the principle of equal treatment in employment, as male employees in a similar position were only required to have a "neat appearance" – male croupiers could have stubble or long hair at work.
The case went before the Supreme Court, which overturned the Regional Court's judgment beneficial for the employer. The Supreme Court pointed out that the Regional Court erroneously assumed that since the claimant did not feel connected to any gender, they could not be discriminated against for this reason. Since the claimant was treated as a woman in the workplace, the employer could have violated the principle of equal treatment on the basis of gender against the employee.