The Legal Relief System And The Enlightenment Study Of Employment Discrimination In The United States

This paper,by using comparative analysis of methods,through the study of America’s prohibition of discrimination in employment the legal relief system research for our labour market has always existed but has not attached importance to the employment discrimination provision of relief system of thought,caused in the course of employment with a view to the practice of workers suffered discriminatory treatment of the difference between the deep concern for our establishment and improvement of the employment non-discrimination legal relief system to provide a reference,promotion of contemporary China in the field of labor relations for the reality of social justice,strong demand for realization and practice of transcendence.Based on this,this progressive advance along the following lines:Firstly,in the background,significance and research analysis based on comb on the basis of the American employment discrimination.Includes:American history background of employment discrimination law,employment discrimination concept and types of employment discrimination under the legal system of the United States.Through the basic statement for next issue the necessary background and theoretical foundation.Secondly,the use of empirical methods,to further discussion on the prohibition of discrimination in employment the legal relief system of the United States.First,under the protection of objects,United States enacted laws prohibiting discrimination in employment can be divided into four types,andOverarching provisions prohibiting discrimination in employment,respectively of the Civil Rights Act,for female workers to make provisions of the equal pay Act and the family and medical leave Act,the Rehabilitation Act for the protection of persons with disabilities and the Americans with Disabilities Act and equal employment for middle-aged and older workers protected by the age discrimination in employment Act;Second,discussing the theory of constitutive elements of discrimination in employment in the United States,further discussed employment discrimination defense,based on the United States against employment discrimination on the basis of the remedies,including means of private rights of ADR relief,public power,administrative remedies,legal means of litigation,and the legal relief system was described in detail.In which the author uses case study approach,through an analysis of three typical cases discussed,combining theory and practice in cases of employment discrimination.Finally,ultimate goal remains America’s prohibition of discrimination in employment the legal relief system for the contemporary field of employment discrimination in China,promote the healthy and orderly development of the economy.So the purpose of this paper is to discuss current issues of employment discrimination in China lack,cause and way,through analysis of the prohibition of discrimination in employment the legal relief system of the United States,to establish and perfect tight to prohibit employment discrimination on the legal relief system for reference.Based on the above research,this paper is divided into four chapters,each chapter are summarized below:In the first chapter,introduces the basic issues of employment discrimination in the United States,as discussed below,the United States system of employment discrimination to pave the,including:historical background of the employment non-discrimination Act of the United States,the concept of discrimination as well as discrimination in employment in the United States category,for specific protection of different objects of discrimination differ last anti-discrimination in employment the legal system of the United States.In the second chapter,comb against the specific problems of discrimination in employment the legal relief system of the United States,discussed legislation on the prohibition of discrimination in employment in the United States,analyze the elements of discrimination in employment,which contains two elements of theory and three-element theory,for the study of burden of proof in cases of discrimination in employment litigation assigned to pave.Focuses on three cases of employment discrimination,ADR,administrative relief,relief,together constitute the American remedy for employment discrimination cases.In the third chapter,with the empirical analysis of the main,selected two classes of three typical cases from both sides discussed employment discrimination criteria,distribution of burden of proof and defence of employment discrimination,from an empirical point of view combines theory and consolidation points.In the fourth chapter,through the above prohibition of discrimination in employment and its legal relief system of the United States,and settled in my employment discrimination issues,discuss the current situation of employment discrimination in China and the lack of legislation against discrimination in employment,from administration of ADR relief,relief,and relief aspects on how China should establish and improve the employment non-discrimination laws and recommend the relief system.