| Employment is vital to people’s livelihood, and is the strategy of business. Employment is not only a source of income for women, as well as the ways to realize the value of their life, but also the progress of social civilization. Engels once said "every person who knows a little history knows that it is impossible to have the great social change without female participation. The progress of the society can be accurately measured with female social status." "The first prerequisite for female liberation is all women go back to the work of public." Mao Zedong once said that "Woman is also a great human resource. We must discover the resources and encourage them to take part in the public labor." The different attitude to work value of men and women and exaggerating physiological difference between men and women contributed to the formation of social gender division of labor. The gender division of labor is not a simple refinement of the division of labor, and as Joan Scott put it:"Gender based on the visible differences between sexes was a kind of elements of social power relations, and was a basic way of expression power relations, more precisely, was a major place and means of expressing power relations." As we all know, "Reading would become smart, knowing the ancient can guide today", and the logo of female social status being changed was that women were excluded from public labor. So the key to solve the problem of equality between men and women is to solve the female employment problem. However, female employment situation is not optimistic. Economic development drove the change of production structure, and the city population was bigger and bigger; Economic downward cycle extended further, and the enterprise survival pressure further increased, jobs further reduced. Number of jobs and workers reflects one of the most important contradictions of china. And for the considerations of long history of discrimination against women and the additional cost, enterprise’s attitudes towards women have been kept not welcome. There are no special laws about female employment discrimination or practical operational norms, thus further provided a hotbed for the existence of the employment discrimination.This paper introduces the background and significance of the topic, mainly explains scholars’ research quo and insufficiency about the employment gender discrimination at home and abroad, and puts forward the innovation of this article. The author thinks that the employment gender discrimination shall at least include four aspects:gender discrimination, sexual harassment, marital status discrimination, pregnancy discrimination, and transgender people discrimination. Employment gender discrimination not only shows the employment opportunity inequality, at the same time shows inequality of the professional treatment, inequality of the career development and inequality of professional institutions. Employment gender discrimination is not the result of a single element, the traditional cultural factor, economic interest factor, biological factor and institutional factor are the results of joint action. It is not only economic loss but also mental damage for discrimination group. At the same time, there is a negative impact to a family, and even to the whole society. The author reflects our country’s the status quo and disadvantage of the existing legal system of employment discrimination through the judicial practice on employment discrimination, and further proposes countermeasures and suggestions from the legal level, expects by defining the connotation of employment discrimination, employment discrimination rule of proof, the discrimination legal responsibility to the employers and specialized institutions and relief procedures to perfect the existing system, and finally let the employment sex discrimination case without law obstacles. |
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