On The Issue Of Female Employment Discrimination And Legal Measures

In recent years, with the increase of female workers, the discrimination against female's employment in China's job market is becoming more and more serious. Such phenomena as direct discrimination and institutional discrimination have become very common in our society, which has not only dampened the enthusiasm of female's employment, but also undermines the principle of social justice, making a distorted allocation of labor resources,resulting in a tremendous waste of human resources. In this paper, comparative study of method is used to draw the advanced experience from other relevant countries and regions, try to explore the concept of employment discrimination in the theoretical level, and improve China's legislative system in anti-discrimination of employment so as to provide a better solution to solve this problem.In this paper, five aspects are discussed:Chapter I, The patterns which female suffered gender discrimination in employment. First of all, the main basic issues of employment discrimination---the concept and identification of employment discrimination. This paper gave a comparative analysis for the definition of discrimination in employment from dual perspective:the international labor standards and the law. It also put forward the analysis method of direct and indirect discrimination, as well as the definition of female discrimination in employment. Because of the gender problem, the employer's differential treatments both in direct or indirect way to female shouldn't be regarded as the reasonable actions based on the features of vocation. Secondly, this paper also listed out the typical cases about the employment discrimination confronted by female.Chapterâ…¡,The comparative study on the extra-territorial laws in employment discrimination, and this paper mainly carried out a comparative study of the legal system in employment discrimination among some developed countries, such as the United States, Britain, Sweden, China's Hong Kong and Taiwan region,. This paper also gave a comprehensive, in-depth introduction and comparative study from many angles:the legislative system in anti-discrimination of employment, the law enforcement agencies, relief procedures, and standards of employment discrimination etc, so it summed up lots of ideas and contents for improving China's legislation in anti-discrimination for employment.Chapterâ…¢, Analysis of the reasons for the employment discrimination encountered by China's female. Firstly, The status quo of China's legislation in prohibiting employment discrimination against female. China's current legal framework to eliminate discrimination against female in employment is in serious deficiency situation. The related laws and regulations are isolated and over-the principle, as well as a lack of clearly regulation about the employment discrimination and relief procedure. Besides, the lack of operation which caused the interface and coordination are not completed. Therefore, these problems resulted in the impossibility of forming a complete chain and systems that could not effectively protect the employment right for female. Secondly, there are many deficiencies exist in China's related legislation; therefore, it is very hard to show its function. Such as, the legislation is too scattered, low level in function, no professional anti-discrimination legislation institutes, the lack of relief and the incomplete guarding systems etc. Besides, the economy, social culture and female themselves are also the reasons for causing the phenomenon of employment discrimination against female.Chapterâ…£,Proposals and policies about the improvement of solutions for female's employment discrimination.First of all, the improvement of legislation. Formulate the specialized anti-discrimination in employment and explicit the concept and definition of anti-discrimination. Formulate the legal responsibilities and punishments for this kind of action. The law should entitle the person suffered from discrimination more broad claim and list out the principle of reverse onus in the course of lawsuit. Set up the mechanism for resolving troubles and specialized agencies to guard female equal opportunity for making sure their right to be employed. Secondly, strengthen the citizens'senses and concepts towards gender equality, and strengthen their political and social senses towards the problem of gender discrimination. Innovations of this paper include following aspects:1, This paper introduced the views of sociology and economics in the course of the study. From the perspective of sociology and economics, this paper pointed out that the female's employment discrimination is a complex social phenomenon which resulted from many reasons. Many aspects involved, such as political, economic, cultural, and human nature etc.2, This paper also adopted the method of comparative study. It gave a comparative research on the legislation of eliminating female employment discrimination in international organizations and developed countries. Meantime, it gave a comprehensive analysis in China's anti-discrimination of employment, law enforcement institute, and relief procedure. Through the comparative analysis, this paper suggested that China should formulate specialized law on anti-discrimination in employment and realize the idea of equal employment. Besides, this paper also put forward the practical suggestions on the improvement of existing legislation and related regulations and rules.3, this paper defiled the connotation of employment discrimination against female. It gave a comparative analysis for definition of employment discrimination from the dual aspects of international labor standards and the law in China. Besides, it also differentiated and analyzed the direct and indirect discrimination.