A Study On Anti-discrimination In Employment

Job provides a way to live. Paying attention to job means focusing on living. So anti-discrimination means safeguarding our lives. At present the discrimination in employment in our country is so serious and common that we should perfect our legislation. The intensive study on the problems of anti-discrimination can provide an important theorical foundation for our country to make the law of anti-discrimination in employment. In August, 2005, the NPC standing committee deliberated and then passed the "Discrimination (Employment and Occupation) Convention" (Convention No.111), which is one of the core conventions of ILO. The activity demonstrated our positive attitude towards dealing with the serious social problems of discrimination in employment in the near future.When focusing on our present legal system against discrimination in employment, we will find some serious shortcomings. For example, the law contains less kinds of discrimination in employment; the law has no way to adjust and resolve some new categories of discrimination, such as height dicrimination, age discrimination, health discrimination; the law only concerns about direct discrimination, but neglects the indirect discrimination; the scope of applying law is narrow; in addition, the above-mentioned law is also unable to play its role effectively. For example, it does not have the legal definition of employment discrimination, the regulations of the burden of proof and the liability. The result is that the the rights of workers cannot get adequate relief. As far as the problem be concerned, the article offers some constructive suggestions. By doing this, basic concept of anti-discrimination in employment can be applied; besides, the article puts forward specific advices on how to legislate the law of anti-discrimination in employment.The purpose of this paper is to provide an important legal basis for the legal system of anti-discrimination in employment. By studying the problem, we can not only regulate the activities, but also enhance the awareness of anti-discrimination.Except for the preamble and the conclusion, this article is seperated into five parts:In the first part, the article states that the international labor standards paly an important role in eliminating the discriminition in employment. In the second part, the article definites the concept of employment discrimination from dual perspectives, which are the international labor standards and the domestic labor standards.In the third part, the article discribles some common forms of discrimination and analyzes their causes.In the fourth part, the article provides some foreign measures on anti-discrimination, such as the USA, Canada, Ireland, and Netherland. Besides, Hongkong and Taiwan are also be concerned. Compared with our present situation, their advantages are necessary for our country.In the fifth part, the article gives some specific advices on how to construct and perfect our legal system against discrimination in employment.