Obstacles And Perfection Of Employment Discrimination Judicial Relief

The employment right can not be realized without the protection for the right of equality. However, employment discrimination behaviors are damages for the equality rights of employment. For labors, the absence of equity during employment may bring them into the largest despair. However, the protection for the right of equality during employment can bring them the largest hope. Currently, great progresses are made for our economy. However, with the rapid economic development, the employment discrimination in the social and economic activities become more and more serious, which is becoming a serious livelihood issue. The more and more serious employment discrimination will certainly harm citizens’ individual rights and the social resource allocation. In the society governed by law, the social issue of employment discrimination should be solved to establish reasonable and effective judicial relief mechanism. Especially, it is the top priority to create convenient registration and acceptance channels for employment discrimination judicial remedies for labors, which will protect the legal rights of labors and promote the health and sound long-term development of the whole society.Apart from the introduction, the contents of this paper consist of the following four parts:In the first part, the status of the practices of our employment discrimination judicial remedies and the problems during the registration and acceptance links are pointed out. Firstly, the status of the practical operations of the employment discrimination judicial remedies is reveled, including the legal basis, coexistence of the initiative and restraint of judicial offices and the disadvantages during the registration and acceptance link in the judicial remedies for employment discrimination. Finally, the disadvantages during the registration and acceptance are taken as the starting points in this paper to summarize three large problems in this link through a lot of case studies, including narrow acceptance scope, prepositional procedure of dispute arbitration and system of entries.In the second part, the reasons for the deficiencies in the registration and acceptance procedures of the employment discrimination judicial remedies are analyzed. In this part, the inconsistent specifications for the acceptance scope in the current laws and regulations related to employment discrimination are analyzed from three details to verify the major reason for the narrow protection scope lies in the dispersiveness of the laws and regulations. And then, the reasons for the difficult registration and "litigation" during labor dispute arbitration prepositional procedures are analyzed from two aspects. Finally, it is analyzed that the reason for the inconsistency in cause of action is caused by the combination of insufficient understanding of the legal branches in the particularity of employment discrimination disputes and the interest conflicts between labors and employers.In the third part, the researches on the extraterritorial employment discrimination relief mechanisms are summarized. The starting point of this paper is the registration and acceptance link of employment discrimination. Therefore, two important points of European and American countries adopted in employment discrimination judicial remedies are introduced, including the participation of special institutions and labor dispute arbitration system. Moreover, the reference meanings of these two points are summarized.In the fourth part, the suggestions for improving the registration and acceptance link of the employment discrimination judicial relief mechanism are put forward. In the aspect of expanding the acceptance scope of the remedy mechanism of employment discrimination, the suggestion of establishing generalized labor concept and scientific employment discrimination classification mechanism is put forward. In the aspect of resetting the labor dispute arbitration system, suggestions are given focusing on three points of the attribution system, including independence, finality and convenience. In the aspect of employment discrimination disputes, a suggestion that adding equal employment right as the special cause of action of employment discrimination cases is put forward. Finally, the standards for the special institution against employment discrimination are summarized in this paper, with the hope to promote the public interest actions of the employment discrimination cases in our country with the construction of special institution. All in all, during the judicial practices during the registration and acceptance of employment discrimination cases, we should adhere to expand and perfect the protection scope of the remedies against employment discrimination, coordinate the parallel relation between the employment discrimination dispute attribution mechanism and employment discrimination litigation system and standardize the employment discrimination dispute cause of action system. Therefore, we can unchoke the opening link of the employment discrimination judicial remedies to provide victims with timely and effective remedies.