Definition Of Anti-discrimination Law "Reasonable Discrimination"

According to Constitution,every citizen has Right to pursue the equality in the employment.Also,it is a fundamental right protected by the International Convention.In recent years, equal rights of employment are paid more and more attention in many countries.However, the concept of equality in employment is still very weak in our country. First of all, in the area of legislation,there is not any anti-discrimination law both on Basic Law and specifical law.Even if there are several relevant legal provisions related to the content, they are not flexible enough and lack of operational provisions.So it is difficult to regulate unreasonable treatment in the employment in real life. Secondly,the victims of discrimination in the employment don’t pay enough attentions to the unreasonable treatment and don’t have the concept to defend the rights of themselves.On the other hand,majority of employers even don’t realize their nonrefundable treatment.Therefore,in our country, the condition of face-discrimination, pregnancy-discrimination, discrimination against hepatitis B, height-discrimination are serious and common.In this paper,I choose a perspective of comparative law to analyze the legislation and cases of European Union, the United States and the United Kingdom.There are not only introductions to regulations on the treatment about reasonable difference in the field of legislation and judicial area,but also the detailed introductions to some situations.for example,"genuine occupational requirement","reasonable differential treatment based on maternal protection","preferential treatment for employees with family responsibilities"," temporary special measures ",etc. Finally,I will analyze the existing problems about China’s reasonable differential treatment,as well as give some superficial recommendations from the perspective of myself.There are four part in this paper:It is the introduction in the first part. In this section.I will describe briefly the research methods, research purposes, the significance of this paper, and related domestic and international literatures,trying to provide theoretical preparation for this article.In the second part,I introduce international conventions, EU law, the U.S law and British law on anti-discrimination in employment from the perspective comparative method. At the end of this section,I give a summary of their common elements.In the third part,according to the judicial practice of EU,the united states,and the Undinted Kingdom,I introduce the principle of judicial determination on the reasonable and different treatment.Im the fourth section,I simply analyze related problems about the anti-discrimination Basic Law, the anti-discrimination in employment law and reasonable and different treatment both in legislation and in theory.On the other hand,I give some superficial recommendation within my ability. I believe that,through our efforts,the goal of elimination the discrimination in employment and occupation will achieve.