Research On The Legal Regulation Of Employment Discrimination Against Hepatitis B

There are a large number of employees carrying Hepatitis B Virus in China. But there are misunderstandings and prejudices against these employees in the society, led to many obstacles in their lives and work. Hepatitis B discrimination cases also occur frequently. The HBV carriers and patients with hepatitis B are not the same. The HBV carriers have the capability to work, apart from those occupations that are forbidden by laws and regulations. They are often discriminated against in their work. The common situation is: employers often refuse to hire the HBV carriers, or unilaterally terminate the labor contract with them after finding out such condition. These acts of employers undoubtedly violate the equal employment rights and privacy rights of the HBV carriers. In judicial practice, such cases have no unified judgment basis and were accepted and heard by different the cause of action, causing lots of controversy, leaving the legitimate rights and interests of the HBV carriers unprotected. There are many deficiencies in the legislation of the employment discrimination of the HBV carriers in China. Without a sound legal system to regulate, few normative regualtions and general legal provisions can not solve the problem of employment discrimination in the judicial practice, the judicial relief and the law enforcement also has many problems. Therefore, to protect the equal employment rights and the right to privacy of the HBV carriers, the legal regulation of employment discrimination needs to be improving instantly. This paper taking the case of Mr.Chen VS.X company as an example, from the perspective of case analysis, conducts overall legal analysis of the issues whereof, concluding that employment discrimination against hepatitis B carriers of hepatitis B virus may infringe the equal employment rights and the right of privacy. Furthermore this paper, combined with enlightments of the employment discrimination of hepatitis B from the above case, Reveals the deficiency of the legal regulation of hepatitis B employment discrimination in China, and further proposes specific suggestions of improvement from the perspective of legal provisions, judicial relief, law enforcement respectively.This paper composes of three sections:Section one introduces a typical case of hepatitis B discrimination- the case of Mr.Chen VS. X Company, and then summarizes the main issues whereof, then, points out the particularity of employment discrimination against Hepatitis B Virus carriers.Section two through the study of China's legislation whereof, points out the deficiency of Chin's relevant laws and regulations in regulating employment discrimination against Hepatitis B Virus carriers, from the perspectives of legal provisions, judicial relief, law enforcement, and emphasizes the necessity of improve relevant laws and regulations whereof.Section three provides legal analysis of the main issues of the case. Firstly, from the perspective of whether the questioned act constitutes a violation of the rights of equal employment of hepatitis B virus carriers, this section defines the connotation whereof, and specifies situations that employers' act constitutes violation of the equal right to employment of hepatitis B virus carriers, and then This paper identifies the existing conflict between the equal employment rights of hepatitis B virus carriers and the employer's right to labor autonomy. Secondly, this section, from the perspective of whether employer's act violates the right to the privacy of the HBV carriers, this section mainly discusses whether there is any conflict between the Hepatitis B Virus carriers' right to privacy and employers' right to know such circumstance. Finally, this section analyzes how to determine the cause of action in judicial practice in cases where equal employment rights and the right to privacy of Hepatitis B Virus carriers are concurrently violated.Section four demonstrates author's deliberation of the case. From the perspectives of legal provisions, judicial relief, law enforcement, and emphasizes the necessity of improve relevant laws and regulations whereof, and Further proposes specific suggestions for improvement respectively.