Legal Issues Of China's Anti-sex Discrimination In Employment

In today's free market of employment, sex discrimination has become long-term and universal existence. Varying degrees of sex discrimination has existed in different countries and regions. The being of sex discrimination in employment has serious influence on the equal employment rights between woman and man. Employment, essentially, is the external expression of the division of social labor. Employment is a means of distribution of social and economic resources. Therefore, the equal employment has mean the equal distribution of social and economic resources. However, sex discrimination that based on the differences of male and female irrationally breaks the mode of distribution of resources. In recent years, with the slowly awakening of the rights consciousness, sex discrimination has been increasing more and more concern and attention. There is a terrible trend in sex discrimination, but the legal system of anti-sex discrimination has not been established in China. Because of the lackness of legal system, the equal employment rights of laborer shouldn't be properly protected. In our country, sex discrimination in employment has affected the harmony of society. Thus, we systematically study on legal issues of anti-sex discrimination in employment and there is important significance in achieving equal employment rights. This paper is divided into three chapters. The specific contents are as follows:The first chapter is"China's sex-discrimination in employment and its status quo". This chapter is divided into three sections. The first section is"the definition of sex discrimination in employment". If study the legal issues of China's sex discrimination in employment, we should firstly define the sex discrimination in employment. In this section, the paper adopts the combination of general provisions and enumerations approaching to the definition. In this paper, sex discrimination in employment is the unequal treatment based on the gender differences, or equal treatment on the surface but, in fact, put one sex to distinct disadvantages. The second section is"the classification of sex discrimination in employment". In this section, the sex discrimination is divided into direct sex discrimination and indirect sex discrimination. there are three standards for judging direct sex discrimination: facts based on sex of unequal treatment; discrimination action clearly unlawful; the motivation not related to the establishment of direct sex discrimination. The legislative basis of indirect discrimination is substantive equality. There is a rigorous logic system for judging indirect sex discrimination. In this section, I judge the indirect sex discrimination from four aspects: principles of equality; principles of disparate treatment; legislative and classifiable elements of disparate treatment ; the relativity of legislative classification and purpose. In judicial practice, If the measures that seemingly looked neutral produces great negative impacts of one sex and the employer can't adequately prove the reasonableness of the negative impacts, the indirect discrimination will be judged. The third section is"the expression of China's sex discrimination in employment. In China, sex discrimination in employment contains opportunities for discrimination in employment, occupational sex segregation and the marginalization of female employment.The second chapter is"cause analysis of China's sex discrimination in employment"This chapter is divided into three sections. The section one is"the natural physiologic differences of male and female". In this section, I mainly analyze the effects that based on physical and fertile differences on female employment. In terms of physical or social concept, women should assume more reasonability for birth. Because of the special needs of female and the reasonable demands of human fertility, women who bear the responsibility of human fertility should get special legal protection. However, the national childbearing insurance has not been established, the laws on female fertility may become institutional obstacles to the women's equal employment rights. Enterprises think that the special laws for women increasing their reproductive labor costs. Enterprise is a self-sustaining economic entity. There is no accountability for enterprises to bear the responsibility for welfare agencies. Therefore, under the same conditions, employer will often choose the male job-hunters to seek lower human resources costs. Taking into account gender differences in physical terms, laws that prohibit some kinds of employments of women recognize the physical facts, but also respect for women and men enjoying equal employment rights. We must change the traditional prejudice based on gender differences forming the unreasonable scope of the female employment. The section two is"the historical and cultural roots of sex discrimination". In this section, I mainly introduce the gender concepts of tradition and the new period and their influence on female employment. In traditional patriarchal society, females were bound within family and they become the dependent existence in patriarchal society. Women had become secondary and low gender. The gender concept that subordinate status of female in traditional society has infiltrated every corner of society. In section three, I introduce the influence of gender on female employment. Gender refers to the gradual formation of social life on the understanding of gender differences, and social culture in the formation of the group are male or female characteristics and behaviors.The chapter three is:"the legal thought of gender discrimination in employment". This chapter is divided in to four sections. In section one, I introduce the status of anti-discrimination legislation in our country. China has yet to develop specification employment discrimination law. There are"constitution","employment promotion law","law on protection of women's rights"and"labor law"only making some general requirements. In section two, the anti-sex discrimination provisions of Britain and the United States in employment were introduced. Britain and the United States have a relatively complete system of anti-employment discrimination legislation, and there are also specific anti-discrimination law enforcement agencies. In Britain, The Equality and Human Rights Council deals with the problems of sex discrimination in employment. There is not only the basic law against employment, but also the certain individual legislation in America. The U.S. Equal Employment Committee is responsible for the implementation of anti-employment discrimination law. The problems of employment discrimination legislation ore introduced in section three. China's anti-sex discrimination in employment, and there are lots of inadequate legislation. Some legal advices against employment discrimination have been provided in section four.