Legal Issues Anti-employment Discrimination

Employment is a means of making a living, to make a living of the people survive,concern about the job really is the people’s livelihood. Discrimination is the dominance ofsocial groups treat the difference for vulnerable groups is a serious violation of the spirit ofequality. Employment discrimination not only violated the equality of citizens’ rights andlabor rights, and makes those groups at a disadvantage in terms of political, economic,social, cultural strengthen its disadvantage, so that the history of the formation ofoccupational segregation of the two will inevitably expand different The gap betweensocial groups, and thus exacerbated the contradictions and conflicts between, in China’semployment market has serious consequences caused immeasurable. Prohibit employmentdiscrimination case to the people to survive, from the modern legal social perspective,prohibits discrimination in employment is a concrete manifestation of the principle ofequality in the social sphere, is the inevitable requirement to achieve social fairness andjustice and the protection of human rights. Regulation of employment discrimination, notonly the protection of citizens’ right to equal employment, but also the realization of thebasic human rights of the citizens.Equality in the modern constitutional significance to oppose the inequality betweenthe different levels of the feudal society, given the freedom, equality, dignity and rights toeach individual person. But with the development of market economy competition, theinvisible hand in the creation and expansion of the overall wealth of the human society, itseems to put into each individual classified in different groups in the economic, social andcultural significance creating different layers, and lead to new inequalities betweendifferent classes. Discrimination is a having a long history and continue to exist problems.Employment discrimination is a widespread problem in today’s worldwide, countriesaround the world are trying to solve this problem through anti-discrimination legislation,and the gradual improvement of the legislation after more than half a century ofdevelopment.This paper tries to start from our actual national conditions, by analyzing the problemof employment discrimination which is existed in our reality, and our employment discrimination legal regulation of the status quo pointed out that China’s currentemployment discrimination laws regulatory system exist problems, fully draw lessons fromthe advanced experience of relevant countries and regions, in contact our nationalconditions, based on the concept of relevant legislation from a legal perspective, in order tobe able to provide a valid path for the legal regulation of employment discrimination.This article is divided into five parts, the specific content of each part as follows:The first part of the Introduction to the proposed article studies the problem, the basicidea and framework.The second part outlines the concept of employment discrimination, evolution andlegal findings.The third part focuses on China’s employment discrimination type analysis. Mainlyinclude: Gender employment discrimination, age discrimination in employment, thehousehold employment discrimination, health employment discrimination, physicalappearance employment discrimination, geographical employment discrimination,marriage and childbearing employment discrimination, criminal record employmentdiscrimination, and combined with cases for analysis.The fourth part studies the foreign anti-discrimination in employment legislationstatus quo. For example: the United States, European Union countries and Japan.The fifth part is our anti-employment discrimination law system building, deficiencyand its perfect.