Study On The Modern And Contemporary Anti-employment Gender Discrimination System In America

There are also serious discrimination against women in American history, the status of women and men was gross inequality. The protection of female employment rights began in the1960s in American. After decades of development, the United States has gradually formed a more systematic theoretical analysis system and legal practice mode.This atical take the specific rules and principles of the American anti-employment gender discrimination system as the research object, not only to explore the basic elements of the legal system, such as the type of discriminatory behavior, defining discrimination, the burden of proof allocation and liability, further elaborated the United States how to address women’s unique physiological differences impact on the employment rights and the method to break structural imbalances in the employmentAt last,we Summarize the characteristics of the legal system,and make recommendations to improve the legal system in our country.This paper consists of five parts:The first part, to sort out the sources of anti-employment gender discrimination system,including constitutional amendments, congress single legislative, presidential executive orders, state regulations, judicial decisions, and some department regulations.The second part discusses some basic elements of the legal system of the U.S. anti-sex discrimination in employment. This section, based on the analysis of relevant legislation, combined with the jurisprudence of the Supreme Court, elaborated the method to prohibite the disparate treatment and the disparate impact discrimination,the Sexual harassment and gender discrimination in employment department in charge of the implementation of the legal system.The third part elaborated the United States how to address women’s unique physiological differences impact on the employment rights. We know there are differences in some physiological aspect between man and women,so the equal protection of the law on women and men should be built on these fundamental differences. United States has been abolished a variety of protective legislation for women in the states; Pregnancy discrimination is prohibited,but it also not give too much care to pregnant women; When fetal protection and female employment rights conflict, the United States law let the women decide for themselves, rather than the employer.The fourth section describes affirmative action plans in the United States. The long-term history of discrimination to female employment is difficult to be corrected by the general prohibition of discrimination. Affirmative action plans require employers to give certain preferential treatment,such as quota system, priority, establishing goals and timetables,to ethnic minorities or women under certain conditions. However, due to the positive action has broken the same situation the same treatment principle, there has been controversy about the legitimacy of affirmative action.The fifth part based on the summary of characteristics of the American sex discrimination in employment system, and find out the inadequacies of our system, combined with the actual, put forward recommendations to improve China’s anti-employment gender discrimination system.