Employment Discrimination Criteria Research

Employment discrimination is an unfair treatment as a result of some factors unrelated to work. Currently, it is prevailing in China. China's existing laws such as the Constitution Law, Labor Law, Employment Promotion Law and other relevant law and regulations prohibit employment discrimination, but there is not a clear employment criteria in these laws and regulations, thus resulting in many problems in judicial practices. Therefore, a large number of victims cannot be protected by law. The judgment standard of employment discrimination is the first step in the trial of the case of anti-discrimination. If there is not a standard, it cannot be determined whether the employer constitutes employment discrimination, the cases will be stalled. But at present, our current relevant laws and regulations are highly principalled, and lack of maneuverability. And, under the current judicial system, the court can only explain the legal norms to a certain extent. In order to better regulate employment discrimination, it is urgent to establish a standard of employment discrimination. Through the study of the judicial cases of employment discrimination, summarize the judgment standard of employment discrimination in the judicial practices, and combined with the extra territorial legislation and judicial practices, improve the relevant laws and regulations.This paper is divided into four parts. The first section introduces the problem in legal practices. The second part summarizes the basic theory of the employment discrimination, scholars in China for the definition of employment discrimination, the causes of employment discrimination, employment discrimination classification. The third part, analyzes many typical cases of employment discrimination in China at first, analysis of the current status of the judicial practice, and the Court at the trial, using the criterion of employment discrimination. According to national legislation and judicial practices, analysis of the criterion of employment discrimination is conducted, and our reference is drawn. Finally, the criterion of employment discrimination is submitted. Based on the foregoing analysis, some suggestions is drawn for the improvement of legislation against discrimination in employment, including legislative provisions and criteria for the definition of discrimination in employment.