With the development of the society, nowadays female pay more attention to whether they can be equal treated when they come to work. If employment rights can truly implement in the social practice is not only the question of whether the legitimate rights and interests of a group are protected. In essence, this reflects a country’s development and the way they value human rights. In the legal sense, at the present stage in our country, legal system involved in the "Labor Law","The Protection of Women rights and Implementation of The Employment Promotion Act (2008)"which were in the lead of Constitution. They also discussed the improving liability system of the government promoting employment.Standardize the hiring system of employment persons, eliminate the urban and rural areas,including identity, gender and so on. They all effect the equal employment system obstacles and employment discrimination.After that, the phenomenon of gender discrimination has been improved. What has been done is great. However, there are still all kinds of problems. Especially in college students graduation season every year, more and more female went to the streets to protect their rights. The media reports is also become common. Then based on the consideration of human rights, woman’s issue in employment discrimination become more urgent.The article is divided into five parts. In the beginning, it introduced "The First Case of Sex Discrimination", which happened in2012. It is very representative as the fist case in employment discrimination after the "Employment Promotion Law" was put into effect. By introducing the case, I conclude the problems about women equal employment rights protection in China has been achieved and there are still problems. It mainly talk about the theory of female employment rights and define some concepts for "labor right""employment rights""discrimination""direct discrimination" and "indirect discrimination "and "equality" as an bedding for the later words; Chapter two states the theoretical basis and constitutional sense of female’s employment rights which should be protected equally. In theoretical basis mainly expounds the theory of human rights and equal protection concepts. Human rights protection from the perspective of Constitution. Tt mainly talk about in two aspects:to protect women equal right to employment is the important guarantee of the constitution "human dignity", is a necessary requirement for the implementation of the Constitution; Chapter three mainly discusses about the present situation of the female equal employment rights and it is cause analysis. Present situation analysis mainly go from two aspects of legislation and practice, and puts forward the existing problems and its cause; Chapter four introduces us the women equal employment rights protection legislation and practice overseas. The first one is about Netherlands. The other one is about Hon Kong. They has achieved more significant results in women equal employment protection; Chapter five are some suggestions about the improvement of female equal employment rights protection, also some measures. It includes the constitutional rights consciousness of women equal employment rights. The legal system which use constitution as its core, to clear the government’s security function, improve the system of the review constitutionality in China and strengthen the judicial application of constitution. |