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Research on Labor Law System Governing on Stature Discrimination

Author: PengSongLin
Tutor: WangSuFen
School: Liaoning University
Course: Legal
Keywords: Height Discrimination Fair Employment Labor Law
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 61
Quote: 0
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Abstract

The employer to recruit staff in the country's employment market, the height of the workers' special requirements is not an isolated phenomenon, and requires the employee to have the ability to work, regardless of the job responsibilities height requirements constitute unreasonable discriminatory legal, workers is undoubtedly a violation of their right to equal employment. The same time, employment discrimination is also a common phenomenon in the international community, the legal system of the western countries this has made the appropriate response to protect the public's right to equal employment. Notwithstanding our existing laws involving employment discrimination provisions, but because of its overly principle, the lack of specific operating rules are difficult to apply in the judicial practice related to the lack of, in particular, in the definition of the concept of height discrimination liability determined provisions, making discrimination against workers rights and interests can not be protected. Existing labor law system must be modified accordingly to meet the demand of the workers employment discrimination regulation. In this paper, the use of case analysis, data analysis and comparative study law three major research methods, and Select height to job seekers Lee suffered in the course of employment discrimination case, for example, excerpts of the original defendant, the two sides in employment discrimination litigation respective cause of action with the excuse, combined with the court seised identified legal basis discretion, propose how to define our existing legal system of employment discrimination disputes caused by height and other reasons, employment Height discrimination defined its review of the facts in the trial of the case standard to determine legal responsibility to effectively regulate employment Height discriminatory behavior, to solve the problem of employment discrimination encountered by workers in the job search process. Organize, standardize employment discrimination in China's labor regulations made legal theory from the equal protection of the employment rights of workers, business and employment autonomy and social reconcile labor law declaratory rights insufficient protection, conform to the international anti-discrimination in employment legislation trend discusses four aspects of the employment discrimination regulation necessity summed to solve such problems should be incorporated into the legal and factual basis of the institutional framework of the labor law, come to our existing legal system is not enough to protect workers suffered discrimination in employment and the need to improve the existing legal system conclusion. During the necessity discussed based on the specific proposals to solve the due to Height reason suffered employment discrimination, employment Height discrimination that is clear in the judicial process to define and work eligibility \specific review clearly harm the party's corresponding legal responsibility in dealing with such cases, to employment discrimination cases our result for height reasons treatment and anti-employment discrimination construct and improve legal system play a role in promoting.

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