By Lucas Gutiérrez. Lucy Rafael is a trans woman originally from Peru who has lived in Ushuaia, the capital of Tierra del Fuego, for 10 years. She worked for seven years at the city's port as a stevedore—responsible for loading and unloading goods from ships—for the companies Logística Lech-Mark and Trasmar, but since legally changing her gender identity, they no longer call her. Lucy told Presentes that the problems with the company began five years ago when she came out as transgender. "They started treating me badly, complaining, insulting me, but I put up with it because I needed the job." In June 2018, Lucy legally changed her gender, at which point her employment was suspended, with the company telling her that "They didn't want her at the company since it refuses to hire women." By order of labor judge Gustavo Penza, she was reinstated in December 2018.

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But for the past few months, Lucy says she's been discriminated against again. When ships arrive, the dockworkers have to sign up, and the companies assign them tasks. Lucy explained that she isn't being hired. That's why a month ago she sent a letter to the logistics company Lech-Man demanding a response, but she hasn't received one yet. On Friday the 28th, the Red Positiva de TDF (Positive Network of Tierra del Fuego), which is supporting Lucy, called a meeting to seek a response. “With the feminist collective, we are going to start taking action to demand action from the State. Lucy works for the private companies Lechman and Trasmar, which are not hiring her. Her work is precarious; it's contract work, she doesn't have a stable job. We should put pressure on the port to hire her permanently,” explains Erica Noemí Moreno, provincial coordinator of the Red Diversa Positiva network and a member of its executive committee. In Río Grande, the trans employment quota law was approved in 2017, requiring that 0.5% of the people employed by the municipality belong to the trans and travesti community. At the provincial level, there is no bill currently being introduced. The University of Tierra del Fuego is implementing its own trans employment quota.

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Presentes contacted Orlando Díaz, general secretary of the United Argentine Port Workers Union. “There is a national law that prohibits women from working at the national level; it’s an old law, but it’s still in effect. Women cannot work in a port,” he said, referring to Law No. 11317, Article 11, section a. Erica from Red Positiva explains: “Lucy’s pay depends on the shifts she’s assigned. She gets paid depending on the shifts she works. She has a job while she’s working with the ships, but afterward, she walks out the door and she’s unemployed. If the companies don’t hire her, she has no work.” “I need to be reinstated and given an explanation for this action because this is a pure and simple act of discrimination based on my gender identity. We understand discrimination very well because I've been treated the same way for quite some time, and legally they don't respect my identity. For example, my payslip still listed me as 'stevedore' and I asked to be named 'stevedore' (female), which they refused to do,” Lucy told Presentes, who currently owes four months' rent.