Those who cisn't

: a identidade de género como fator de discriminação nas relações laborais

Abstract

The treatment of discrimination based on gender identity faces significant challenges due to the binary and cisnormative framework in which most legal systems operate. These systems typically accommodate cisgender men and women but fail to encompass the full spectrum of sexual characteristics, gender identities, and gender expressions. Although, in practice, it is acknowledged that gender identity is a ground for discrimination — including in the workplace, both at the hiring stage and during the execution of the employment contract — most legal instruments do not explicitly recognize it as such, creating difficulties in addressing these issues. From the perspective of Labour Law and Antidiscrimination Law, we´ll discuss its implications in the work context, particularly within faith-based or ideologically driven organizations. Due to their ideological or religious nature, these organizations often impose greater restrictions on the fundamental rights of their workers. Their ideological or religious values may, at times, clash with other grounds of discrimination, including gender identity, resulting in limitations on access to and retention of employment. By drawing on case law and academic research, this study seeks to understand what limits may arise concerning individual freedom.

Date of Award	30 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Milena Rouxinol (Supervisor)