It is rare to see human rights debated openly in China but the case of Xiao Ma has proven to be a fascinating exception.

Not only was Ma the first transgender person in China to sue an employer for gender discrimination but the lack of precedent in her case meant her lawyer used a transgender celebrity — who is widely known and accepted in China — as an example in her defence.

After waiting months for her day in court Ma, who transitioned from male to female in 2018, had her open trial heard in the city of Hangzhou last week. It was a test case for equal rights in the workplace.

Chinese media and social media platforms like Weibo and WeChat have been alight with debate over Ma's case. But Ma doesn't see herself as a pioneer: "I am just an ordinary woman, not a monster," she says. "I want my basic rights."

An inspirational court case

Ma was helped in her campaign by the Beijing LGBT Centre which advised her not to leave the company but to keep working and collect evidence to support her legal defence.

"This case makes more and more people realise the difficulties that LGBT people face in the workplace," says Fen Xu, the co-founder of the centre. "Many transgender people are not even granted a job interview once employers learn about their situation. Many LGBT people don't have confidence or lack of evidence to fight for their rights in the court. This case will inspire them."

In December last year, the Chinese Supreme Court added gender "equal employment rights" to Chinese labour law. Since then a few people have won lawsuits against employers for discrimination in the workplace. But LGBT people like Ma are regarded as a "grey community" in China: considered neither legal nor illegal, their rights are not referenced in the law and there is no definition of workplace discrimination against them.