Legal Security System Against Employment Gender Discrimination

In recently years,the phenomenon of sex discrimination has gone from bad to worse in job market,and the insecurity of women's equal rights has greatly impeded the realization of equal employment.Analyzing gender equality and women's rights to jobs by giving the extended definition of employment inequality provides the theoretical foundation for the study.Empirical approach together with statistical analysis is used to systematically elaborate the sex discrimination in employment.To analyze the causes of sex discrimination,this paper has integrated some domestic scholars' works on sex discrimination in employment,published in the past five years by means of documentation searching,according to which the study has discussed the problem from the angles of legislation,deviant identity,traditional conception and social security system in details.Based on the advanced German and Japanese legislation,the horizontal study of sex discrimination in job market adopts the method of comparison,borrowing their experience,putting forward some inspirations for domestic employment security legislation for future preference.In the meanwhile,to perfect the Chinese employment security legislation,this paper offers some proposals to revising the current Employment Act,breaking the gender and occupation apartheid,clearing the concept of equal pay for equal work and establishing a retirement system in which the retirement age ought to be the same,man and woman.In addition,setting up and carrying out the reproduction insurance can solve some problems existing in the social security system.Further more,three criteria of mechanisms in aid of employment right,detailed discrimination judgment,burden of proof and tort liability,were elaborated.At present,approaches to aid of employment rights are still limited,this paper calls for setting up some specialized institutions to deal with cases involved in sex discrimination and to lighten the victims' litigation burdens.The researches in the paper aim at improving China's employment law of wiping sex discrimination and offering legal guarantees for victims,as well as promoting the realization of equal employment rights.