It is an unlawful employment practice for an employer to retaliate against an employee for opposing unlawful employment discrimination, for making a charge, testified, assisted, or participating in any manner in an investigation, proceeding, or hearing under this subchapter. The provision is known as employer discrimination retaliation in America. The courts of federal and the states develop a perfect legal regulation. The prohibition against employer discrimination retaliation protects employees and former employees. It consists of proof of: employees'opposition or participation activities; an adverse employment action; and a causal relation between the two. The remedy system refers to explicit legislation, comprehensive protection from administrative organization, the unbalancing allocation of the burden in judicial procedure and employer's responsibility. Cases about employer discrimination retaliation appeared in China, but we now have not perfect legal regulations to deal with or judge these cases. We can refer the experiences in the America to set up our own system of employer discrimination retaliation. Before the law is formulated or changed, we can cite the right to equality and right to work in constitution to handle this kind of disputes.
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