Landmark Ruling on Transgender Rights: Alexa Hoffmann vs. Court Caribbean Law Practice Handed Down in Barbados on Monday 12 August 2024

In a landmark decision on August 12, 2024, the Employment Rights Tribunal (ERT) ruled against Alexa Hoffmann, a transgender activist who claimed unfair dismissal and gender discrimination by Court Caribbean Law Practice. Hoffmann's case was dismissed because, among other things, they were never presented to the ERT.  

For the first time, the Employment Rights Tribunal (ERT) addressed an allegation of unfair termination based on gender identity. The case involved Alexa Hoffmann, a transgender activist, and her former employer, Court Caribbean Law Practice. Hoffmann claimed she was unfairly dismissed after changing her name to reflect her gender identity. The employer, however, maintained throughout the case, that there was no law or legal obligation for him to refer to Hoffmann as female, despite her name change from Mr. to Ms.

The dispute began when Hoffmann, who claimed she was hired as a legal assistant in August 2015—a point contested by her employer—legally changed her name from Mr. to Ms. in October 2018. She claimed that shortly after the name change, she was asked to stay home from work while her employer "engaged in consultations on the matter." The issue remained unresolved after a meeting at the Labour Department in February 2019, leading to the current proceedings before the ERT.

The case was heard by a three-member panel consisting of Kathy-Ann Hamblin, Deighton Marshall, and Beverley Beckles. The tribunal's decision was delivered this evening Monday, August 12, 2024, just after 5:00 p.m. in a Conference Room at the Ministry of Labour, Warrens Office Complex, St. Michael. 

I had the opportunity to attend two days of the tribunal hearings and will provide a detailed report on the decision in my next post. This ruling has the potential to set a significant precedent for the LGBT community in Barbados, particularly for those facing discrimination based on gender identity in the workplace.

Stay tuned for updates on this landmark case, which will provide crucial insights and address key questions such as: What claims did Hoffman file? What role did the Labour Department play in conciliating or mediating the dispute, and was their handling of the case adequate? Questions such as does the change of a name from Mr. to Ms. alters the gender or sex of an individual in Barbados, will be answered. 

Additionally, we will provide details on why the tribunal ruled that Hoffmann was not unfairly dismissed, or why was she not a victim of discrimination due to her gender identity and is gender and transgender defined in the ERA. Information will also be provided on Hoffman’s workplace behavior, particularly regarding an incident or confrontation at the office with her boss, and whether the tribunal was of the opinion that she might have had more success had she filed a different claim against her boss in a timely manner.