The Legal Regulation Research Of Workplace Discrimination

As an important carrier of economic construction and social development,Workplace is an important place for human survival and development, and protectingthe related rights of the individual in the workplace has become an important part ofthe construction of rule of law. However, the existence of discrimination in theworkplace, not only violates the equal employment rights, but also hinders theharmonious labor relations and destroys the fair competition atmosphere of theworkplace. For this reason, many countries have formulated relevant laws againstworkplace discrimination. Our country also opposes workplace discrimination, but injudicial practice, there is no clear concept of workplace discrimination and lacks legalregulation about it, which to a certain extent affects the protection of labor rights. Forbuilding a legal barrier which protecting the rights, the author sets laws andregulations of workplace discrimination as a starting point, through defining theconcept and type of workplace discrimination by domestic and foreign scholars,clarifies the theoretical basis of workplace discrimination, then on the basis ofcomparative study of the legal system of workplace discrimination abroad, inaccordance with the characteristics of Chinese employment discriminationphenomenon and defects of the existing legal regulations, puts forward thecorresponding countermeasures, which in order to regulating workplacediscrimination and providing effective recommendations on promoting rule of law inour country.This article consists of five parts besides the introduction:The first part through two workplace discrimination case leads to the problem,namely what is workplace discrimination, how to define the concept of workplacediscrimination? What is the type of workplace discrimination? What are the elementsof workplace discrimination? And how to deal with when suffering workplacediscrimination? What is the necessity of the regulation of workplace discrimination inChina? These problems need to be analyzed one by one, in the purposing of promoting the realization of equal employment right, and constructing the harmonioussociety.The second part expounds the concept, definition and classification of workplacediscrimination. Through the different domestic and foreign scholars point of view,puts forward the concept of discrimination and employment discrimination, and bythe analysis of type and conduct of workplace discrimination, in order to in-depthstudy of the connotation of workplace discrimination, institutive clear scale onmeasure of workplace discrimination problems.The third part, comparative study regulating to extraterritorial laws againstworkplace discrimination. By describing the different processing modes of the UnitedKingdom, the United States, the Netherlands, the Sweden and the Korea in terms oflegislative norms, cognizance regulation, relief mechanisms and legal responsibilities,based on a combination of local culture, to provide a useful reference for theimprovement of legal regulation of workplace discrimination.The fourth part is the legislative status and the lack of legal regulation ofworkplace discrimination in China. By examining regulatory content about the issueof legislative documents related to workplace discrimination, puts forward that thereare many defects in the regulation of workplace discrimination law in our country:legislative loose, lack of accurate definition of workplace discrimination, and fuzzyidentification standards, lack of clear legal responsibility, representation is notcomplete, the judicial relief encounter constraints, lack of a correspondingadministrative processing mechanism.The fifth part is the perfect proposal of legal regulation of workplacediscrimination. This part describes the focus of the article, against existing legislation,judicial prominent problems of workplace discrimination in our country, the authorchose these dimensions including the choose of legislative model, the clear definitionof the concept of workplace discrimination and cognized standards, the set of legalliability, the optimization of judicial relief, and the establishment of anti employmentdiscrimination processing mechanism, to propose corresponding countermeasures toimprove our workplace discrimination law regulation.