The Research On Gender Discrimination In Employment Of Our Country

In this thesis, the concept of gender discrimination was defined fist, and the types of gender discrimination were also discussed. In China, presently, laws and regulations have not defined the concept of "discrimination" or "gender discrimination", but some scholars in this area have defined "gender discrimination" academically. In the international conventions and legal systems of other countries, "discrimination" and "gender discrimination" are clearly defined, for example, In "The Convention of Employment and Occupation Discrimination", "discrimination" was defined as "based on race, color, sex, political opinion, ethnical lineage, social background, and other reasons, abrogating or impairing the equal opportunity or payment of occupation with any distinction, exclusion or preference.' Discrimination includes direct discrimination and indirect discrimination. Direct discrimination indicates that in the same conditions, a person or a group of people was treated significantly inferior than other person or group of people. Indirect discrimination refers to a provision, criterion or practice appears neutral, not discriminating any person or group, but in fact results in adverse effects on a person or a group of people proportionately. Accordingly, the gender discrimination could be defined as:just because of the gender rather than other factors, employers discriminate, reject, deprive or damage the certain gender's employment opportunity, not employing the certain gender with the same occupational training or security condition as the other gender. In the process of judging gender discrimination, "job-related qualifications" is an important part. Market economy has given employers the right to choose with freedom, which will be also restricted by equal rights. An important way to balance this contradiction is judging the "job-related qualifications". The judgment belonging to "job-related qualifications" will not be considered discriminatory; if not, the judgment will lead to gender discrimination.Secondly, in this thesis, the manifestation and harm of gender discrimination were also illustrated. Gender discrimination in employment mainly shows in three areas:employment opportunity discrimination, employment treatment discrimination and employment training discrimination. Along with gender discrimination, the horizontal and vertical occupational segregation come into being. In practice, the situation of female profession has started to go down entirely; female workers are more concentrated in the occupations with lower level of technology and lower payment. Due to the "glass ceiling" effect in female promotion, women can only get inferior job occupation, which make their overall professional positions decline. Gender discrimination not only harm women's equal rights but also affect the development of individual woman, wasting a huge amount of human resources. Therefore, we need to make timely and effective regulations for gender discrimination in our country.Thirdly, the current situation and the lack of China's anti-discrimination in employment were analyzed in this thesis, too. Nowadays, Social environment has greatly affected the women's equal employment. Because of inadequate maternity insurance system, enterprises usually do not want to employ female workers. Furthermore, family responsibilities have increased women's burden individually, and the lack of awareness of gender equality has also affected women's professional development. In addition, there are many shortcomings concerning anti-sex discrimination in employment in the existing legal system, such as hazy concept definition, limited relief ways, difficult proof burden, which makes a great deal of void appears in the anti-sex discrimination legislation, not solving urgent gender issues in employment properly.Finally, according to the above analysis and discussion, the author concretely proposed the establishment of the system against gender discrimination in employment:First, strengthening social system construction regard to anti-sex discrimination in employment; second, establishing relevant law regime against gender discrimination the employment; third, improving the law enforcement agencies against gender discrimination in employment. I believe that the situation of sex discrimination in our country will be fundamentally improved through the above measures.