LGBTI individuals have increased rates of poverty, due in part to limited educational opportunities, but also workplace discrimination that has resulted in limited job opportunities. One of the key components of the right to work is to be able to choose employment freely and without restriction, however, discrimination often restricts this right to work for LGBTQI individuals. In Latin America, trans individuals are the most discriminated against for employment. In El Salvador, only about 5% of trans individuals are employed. In these jobs, they face harassment, misgendering, and at times violence. Official identity documents that do not align with gender identity have resulted in increased barriers to employment from biases and difficulty matching documents prior to changing their name.
A majority of trans individuals have experienced workplace discrimination and harassment and as a result often leave these workplaces. Trans individuals have turned towards self-employment and trades to enter more accepting work environments; however, in doing so, these jobs have become stereotypical jobs for trans individuals such that it is the assumption that a trans person would be involved only in these fields. Trans support networks and civil society groups have also tried to create safe work environments to increase employment opportunities. In some cases, trans and gender-diverse individuals have become sex workers to gain a source of income. It is estimated that 90% of trans women in Latin America engage in sex work. Due to the lack of protection and regulation, many trans individuals performing sex work face harassment and violence. Many of those performing sex work due so because they feel forced into the industry to have some income but would rather have employment in the labor market if it was accessible.
The criminalization of sex work in many Latin American countries has been observed to negatively impact trans individuals by charging those engaging in sex work with criminal charges that often are barriers for future employment. These laws are disproportionately used against trans and gender-diverse sex workers, and because many trans individuals are discriminated against, some enter the informal work sector as sex workers. In some Latin American countries, suspicion of engaging in sex work is adequate grounds for being arrested; police often target trans women under the guise of being assumed to be sex workers.
Legal labor protections, including affirmative action allocation for trans workers and working with labor unions to recognize trans workers’ contributions and abilities, are some of the report’s key findings to create a more equitable workplace and increase opportunities and protections for trans individuals.
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