Study On The American Employment Prohibition Of Disability Discrimination

With the notion of human right and equal rights stressing, the employment discrimination has been concerned widely by the international community. Discrimination against employment not only makes harm at the job-hunters rights and dignity with infringing the basic human rights, but also destroy the social equity with depriving the employment opportunities of the job-hunters, which becomes an important factor affecting the social stability. Anti-discrimination against employment has become a urgent problem to solve for the government, as well as imperative demand to protect the equal rights for the common people. The disabled, being the weak groups of the society and due to their own disabled body, are prone to be discriminated in their employment. In order to guarantee the equal employment right of the disabled, American Federal government and states governments set up an integral system of anti-discriminating for the disabled, by enacting anti-discriminating laws, organizing the exclusive anti-discriminating institutions and perfecting the relieving program. This paper makes an introduction and theoretical analysis in the terms of the basic theory, systemic survey, and developing trend on the system of anti-discriminating employment.This paper consists of the following three parts. The first part deals with the basic theory of anti-discrimination of the American disabled employment. Firstly, it expounds the principle of the common human rights protection. It introduces the human rights protection stipulated by American constitution and its amendments and the human rights protection for the disabled stipulated by the American laws. Secondly, it introduces the principle of the Legal Equal Protection in the 14^th amendment to the American constitution with the narration of the 4^th footnote made by the Chief judge Stone. This part expounds the definition, appropriate scope and modern criterion of legal equal protection, as well as the classification and censoring standards in legislation. The universal human rights and equal protecting principles are the cardinal definition of citizens' rights and theoretical basis of anti-discrimination against employment for the disabled.The second part makes an introduction about the systemic survey of the anti-discriminating employment of the American disabled. Firstly, it introduces the developing process of the establishment of the anti-discriminating system. Secondly, it analyzes the definition and classification about the disabled in American, with introducing the relevant classic cases and elucidating the existent discriminating states. Lastly, it briefs the disabled guaranteeing agencies in America. Introduction and analysis comprehensively on the relevant system makes us understand this American system correctly, which benefits us in investigating and studying in this field.The third part makes an analysis on the developing trend of anti-discriminating employment of the disabled in America. Firstly, with the unceasing development of the society, the original definition and scope of disabled group can not meet the realization. It is the necessary trend to expand the recognized scope of the disabled group and establish the criterion of classification in order to perfect the system. Secondly, considering the all relevant factors, better and fairer legal system should be set up while promoting the disabled employment.. While the disabled get the equal rights in employment, we should consider the practical efficiency in working and adjust the relationship between them in order to realize the integration of the justice and efficiency.