Study On Legal Issues In Employment Discrimination

Employment is the bedrock of people's livelihood. Behind Zhao Gong Zuo the three words, it is worried faces with weariness and pairs of deeply anxious eyes with expectations. However, all of the faces and eyes are encountering with various and multifarious of employment discrimination in the crowded job fair since factors of age, sex, appearance, education background, height, household register and disease, etc. For this behavior, it has seriously hindered the normal flow of human resources, broke down the fair competition environment of job market, and caused great wastage of human resources. As for a large developing country with a large population and abundant labor resources, the problem of employment in China is not only a thorny economic issue, but also a very sensitive political issue and an extremely significant social problem. Although laws and regulations on adjusting and regulating the labor contract legal relation have been formulated and promulgated in our country, and meanwhile some economic means and necessary administrative intervention have been taken, which has made gratifying achievements in employment work in China. However, it is still even differ greatly with the goal of thoroughly solving the employment problem of our country. Issues of employment discrimination have been ubiquitous for a long time but haven't been paid much attention to complete settlement, which is one of the crucial barriers for difficult to achieve employment goal in China. A tentative analysis of the main representations, causes of generation and negative effect of employment discrimination in China, as well as the provisions and defects of current laws and regulations and other issues is made in this paper. On this basis, related laws and regulations of foreign countries is learnt and analyzed, and legislative idea and its countermeasures on prohibiting employment discrimination in China is put forward based on the basis of China's national conditions. Discussion on promoting the true realization of the equal right to employment aiming at employment discrimination phenomena is made from the legal perspective, so as to speed up to construct and perfect employment legislation in China and realize the equal employment.In the introduction part, the deep historical background of the generation of employment discrimination phenomena in China, shortcoming of legislations against employment discrimination at present in China, and research status of employment discrimination issues at home and broad are mainly introduced. Finally, combined with Employment Promotion Act, major issues related to this paper are drawn out. Part I, discussion around representation and its hazard of employment discrimination is done, which mainly includes interpretation to the meaning of employment discrimination, and analysis on representation and its hazard of employment discrimination.Part II, causes of the generation of employment discrimination, theories, and analysis on the necessity are mainly discussed. Of which, causes of the generation of employment discrimination include the following aspects: Historical reasons, unsound labor law system, unbalanced supply and demand relation of labor market, employers seeking the maximum profit, irrational employing methods of employing unit, and laborer's personal qualities, etc.In Part III, international conventions, provisions of the European Union and legal provisions of U. S. with very perfect laws against employment discrimination are concluded; and the fashion trends against employment discrimination in the world at present and its reference significance for against employment discrimination in China is summarized.Part IV, recommendation targeting at the law system of employment discrimination in China is proposed according to analysis in the previous chapter and learning from advanced legislation and experience abroad. In aspect of legislation perfection, concept of employment discrimination should be clear at first, and specialized agency should be established to be on behalf of the rights of the disadvantaged people employed. For a large number of discriminative clauses existed in regulations and normative documents of our country, it should be eliminated as soon as possible, and legal responsibility and punishment way to the employment discrimination behavior should be stipulated clearly in laws. Of course, if to regulate employment discrimination behavior in laws, not only the legislations should be improved, what's more, mechanism of solving dispute should be established. Firstly, more extensive right of action should be given to the citizens, and the scope of accepting cases of the Court should be expanded. Secondly, principle of the burden of the proof is reversed should be established in lawsuits.There is no doubt that law is the most important means for eliminating employment discrimination, but not the entire means. Only to reasonably integrate and use other social and policy instrument, can the employment discrimination behavior be controlled eventually, and the hazard be reduced to the minimum.