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The Study on Anti-Employment Discrimination Legislation

Author: SunXiaoChen
Tutor: RenXiRong
School: Jilin University
Course: Constitutional and Administrative Law
Keywords: Employment discrimination Status quo Anti- employment discrimination legislation
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 199
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Abstract

In recent years, the problem of employment has been the focus of heated debate in society as a whole, employment discrimination is widespread is the top priority of everyone's attention. Traditional gender discrimination, height discrimination, age discrimination, household discrimination of various types of discrimination glamorous existence, and some have even been considered reasonable conditions for employer choose the workers, rather than discrimination. Moreover, with the economic development and social progress, as well as an endless stream of new type of discrimination in many similar the Zodiac discrimination, surname discrimination. Workers faced with such a dazzling variety of employment discrimination can only be demonstrated powerless and helpless. Employment discrimination grave violations of the right to equality in employment for our workers, destroyed the order of the labor market, the employment and to damage social equity and justice, and an impediment to building a socialist harmonious society. Profound thinking about the anti-discrimination in employment on the progress and development of society as a whole has a very great significance. Based on the perspective of anti-discrimination in employment legislation, fully demonstrate the basic concepts of employment discrimination, the analysis on the basis of China's anti-discrimination in employment status, draw countermeasures to improve our anti-discrimination in employment legislation. Anti-discrimination in employment work in China started late, there are some problems in the actual operation of the process, it is inevitable. From the point of view of employment discrimination legislation, anti-discrimination in employment-related provisions of the development year earlier, out of touch with the current actual situation; and legislative structure is not complete, the contents of the legislation too in principle, the overall operability is not strong, some legislation exists discrimination caused great harm institutional discrimination; legislation provides too narrow scope of employment discrimination, employment discrimination prevalent in real life can not get effective legal regulation; against employment discrimination employment discrimination legislation relief mechanism can not operate effectively procedural requirements, the lack of relief, the lack of specific liability provisions. The problem to some extent led to widespread employment discrimination in the society, hindered the smooth development of anti-discrimination in employment and in urgent need of clean discriminatory provisions in existing laws and regulations in the same time, to develop a special provisions for employment discrimination against employment discrimination law \First, the meaning of discrimination in employment should be clearly defined. Employment discrimination based on nationality, race, sex, religion, social origin or identity, geographical, and dialect, physical characteristics (height, looks, size), health (hepatitis B virus carrier, AIDS patients) with disability, Marriages factors taken workers deprived of or damage to its equal employment opportunity or equal treatment of occupational distinction, exclusion or preference measures. If a standard, no significant distinction characteristics, but the effect of the actual implementation may be an adverse impact on particular groups, can also be regarded as discrimination in employment. Second, we should establish a legitimate occupational qualification \From our point of view, to pay attention to the contraction employer hired the employee the right to autonomy under the extension, the employer makes a request to the conditions of workers must be fully explained to the reasonableness and necessity of the restrictions established legitimate occupational qualification. And specialized agencies should set up anti-discrimination in employment. Mature practices from abroad, combined with the actual situation in China, specialized agencies of the people's governments at or above the county level to establish an anti-discrimination in employment, and is responsible for dealing with anti-discrimination in employment related work. Finally, it should improve the employment discrimination relief channel. Through established complaint front, the inverted system, the implementation of the burden of proof to clear three aspects of the anti-discrimination in employment liability relief ways of improving the employment discrimination, employment discrimination relief mechanism for effective operation.

The Study on Anti-Employment Discrimination Legislation

Abstract

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