A Study Of The Identification Standards Of Employment Discrimination In China

Everyone is born equal, which have reached consensus on the community. Although people are due to congenital factors, and different opportunities, so that the physical and knowledge between people on the difference in composition, but everyone has an equal chance to pursue happiness. In terms of employment is also true, however, discrimination in employment is the opposite of standing on equal employment, restricts and denies of equal employment rights enjoyed by workers. But when the workers in a weak position demands anti-discrimination laws, they have to deal with the missing of the recognized standards of employment discrimination. Because of the theoretical research and legislation, judicial practice of the anti-discrimination in employment start so late, leading to the identification of employment discrimination without a clear system of recognized standards, resulting in the standard system of employment discrimination with many gaps, error, contradictions ,which excludes the workers outside the gate of legal remedies against discrimination in employment. This paper analyzes the current legislative status of the employment discrimination on the standard, refer to mature foreign laws against employment discrimination, and combine with a number of typical cases, explored how to improve the standards of employment discrimination identified the problem, to the cause of China's anti-employment discrimination contribute to further development of modest means.This paper is divided into four parts.The first Part is the cases with problems. This section on litigation of employment discrimination cases in the analysis of the typical cases, visually explore what are the problems related to the judicial practice of China's anti-discrimination in employment, and further explore the reasons for the legislation of the problem.The second part is the legislative status of inspection of the recognized standards of employment discrimination. This section is divided into two aspects, one finds the legislative achievements of the standards of employment discrimination, the second is recognized standards of discrimination in employment on the existence of many shortcomings, through the relevant legislation of both positive and negative experiences and lessons learned contrast, found that employment discrimination standards of the crux.The third part is the comparative law of recognized standards of employment discrimination and the implications with it. This section select the part of the anti-employment discrimination laws in the relatively developed areas such as the United States, Canada, the European Union, introduce the advanced experience of these countries of how to identify on employment discrimination from the preferred vision, and summarizes these countries recognized standards of employment discrimination to China.The fourth part is the general idea and specific measures of how to improve the standard of employment discrimination identified. This part is the focus of the article. At first, this section identified clear the general idea how to improve the standards for employment discrimination from two angles of the basic principles and legislation on how to build a standard system of employment discrimination, determine a sound recognized standards of employment discrimination values, coordinate dimensions. And then this section introduce the specific measures of how to complete the recognized standards of employment discrimination, from identifying the concept of employment discrimination, constitutes a way of measuring the principles of justice and the establishment of a sound system of the four aspects of judicial review in detail.