Comparative Study Of Employment Discrimination Against Civil Lability

Employment discrimination problems directly affect the employment fairness and market efficiency, have built in China, including Labor Law, Women's Rights and Interests Protection Law,Employment Promotion Law and the individuals with disabilities act, the employment discrimination legal system, but the more emphasizes the employment laws and regulations in the field of administrative management and administrative responsibility, in determining the workers with unit of choose and employ persons based on discrimination of civil liability, there are still many problems: the definition of employment discrimination, it is not clear; In the process of employment discrimination case of burden of proof is unitary; Appeal the decision of compensation for mental injury to employment discrimination, enforcement is not enough, compensation is not clear; No specialized agencies on behalf of the workers proceedings. Above problem led to the current our country in the field of employment discrimination, although the mechanism of administrative organs according to law to promote employment has been established, but workers unable to obtain full civil relief, is still difficult to get rid of the weak position, unit of choose and employ persons at the same time because of the illegal cost is low, the implementation of fair employment power obviously deficiencies.For the definition of employment discrimination, through the comparative study of relevant conventions and domestic law, we suggest that the extension defined scope, and uses the principle provisions and enumerated type, a combination of the direct discrimination and indirect discrimination, bring into relief scope, to ensure the employment fairness of workers; In terms of the burden of proof, at present our country adopts the principle of Who Advocates, Who Proof often leads to indirect discrimination is not reasonable assistance, advice from relevant countries, to allocate the burden of proof reasonably, in order to realize the real workers, based on the ability of the burden of proof allocation; In terms of compensation for mental damage, should draw lessons from Canada and the UK, the spirit of the regulations, employment discrimination liability for damages, compensation to advice the lowest to the highest amount specified range, span should not be too big. Given the current our country workers rights protection consciousness and ability of safeguarding rights, suggested that the mode of the equal employment opportunity commission for reference, set up specialized agencies or give human resources and social security department, on behalf of the workers filed a civil lawsuit right, to a certain extent, solve the discrimination recourse and judicial authority enforcement problems.