Research On Labor Law System Governing On Stature Discrimination

In China's job market, employers take height into account when they recruit workers is not an isolated phenomenon, which are constituted the irrelevant factors relate to employees'work abilities and responsibilities on consideration of law, undoubtedly it's an invasion of equal employment to the workers. At the mean time, employment discrimination is also a common existing phenomenon in the international community,the legal system of western countries have made appropriate response to protect the public's right to equal employment. Although China's existing legal provisions relating to employment discrimination, but because of too much principles, the lack of specific rules of operation made difficult to apply in judicial practice, Especially lack the relevant provisions at the height of the concept of discrimination and the legal responsibility, thus making the right of those who are under discrimination cannot be protected, regarding modification must be done on the current labor law system to meet the needs of employment discrimination regulation. This article used case and data analysis and comparison study ,the three main methods of research; chose the employment case of the job seeker Mr Li's suffering of height discrimination as the breakthrough point for the paper, and selected the view of cause of action and defendant from both the complainants and defendants in employment discrimination proceedings and combined with the case in the trial court accepted the factual findings and legal basis for discretion, make our existing legal system, due to causes such as height discrimination disputes how to comply with law, the existing legal regulation of employment discrimination disputes in the state and improve labor law to address the workers in the job search process encountered discrimination in employment. Employment discrimination in China's labor laws regulate the legal theory of finishing system, respectively, equal protection of workers from employment, business and employment to reconcile autonomy and social welfare, labor law protection of the rights of its own declaration of lack of legislation against discrimination in employment international. How to define the stature discrimination in employment and what the standard definition of discrimination and determine the legal responsibility for effective rule of employment stature discrimination. To some of China scholars in the height discrimination based survey, made in China working in the job market due to height reasons have been subjected to discrimination in employment is widespread and growing, and our existing legal system on the way of relief workers in employment discrimination to sum up, come to our existing legal system, not on the workers suffered discrimination in employment protection and the need to modify the existing legal system, the conclusion. Made in full at the conclusion is to improve the existing legal regulation of labor disputes in the course of such ownership, during discussion of clear the definitions of stature discrimination in employment during the judicial process and specially review the stature discrimination in employment with The relevant qualification principle",and formulate the relevant judicial liability for the trespasser in such cases,so as to push forward the construction and completion of the cases dealing on employment discrimination and anti discrimination law system resulted from stature.