Key Facts and Legal Issues
The main legal issue in this situation is defined as infringement of the Human Rights Code by discrimination on the basis of gender identity and gender expression. Gender identity is linked to a person’s sense of self, and the sense of being male or female. A person’s gender identity is different from their sexual orientation, which is also protected under the Code. Gender expression is linked to how individuals express and portray themselves for others to view them. The first important piece of information we are given about Kimberly was that she was born a male but started living as a female at the age of 29 therefore she is transsexual, which introduces another legal concern of whether or not Kimberly is a man or a woman. We also know Kimberly was let go from her position at the rape crisis center and had discriminated against her during her volunteer training. As we know based on the situation, the rape crisis center that Kimberly was volunteering at only hired women; which may be not be discrimination because of the bona fide occupational requirement.

Formally in Kimberly’s past she had experienced emotional abuse in a relationship, and she was referred to an organization that assists battered women. With her previous experiences in mind, she reached out to the rape crisis center to volunteer. Kimberly was asked to leave the premises after someone identified her as a person who had not always been a woman, solely based on her appearance. Because of Kimberly’s past experiences, she wanted to give back to the community and share her story. As the situation occurs, we arrive at an unethical position and a conflict of opinion.

Relevant legislation and how the legislation applies to the case
There are many legislations in regards to Kimberly’s case, each one providing further information to whether the employer contravened the