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Improve The Legal System Of Anti-employment Sexual Discrimination

Posted on:2016-07-24Degree:MasterType:Thesis
Country:ChinaCandidate:R FuFull Text:PDF
GTID:2416330482473857Subject:Science of Law
Abstract/Summary:PDF Full Text Request
To improve the legal system of anti-employment sexual discrimination,we should solve five problems at first.These are delimiting employment sexual discrimination scientifically;dividing the criteria of employment sexual discrimination;improving the legal liability of employment sexual discrimination;establishing specific law enforcement agencies of employment sexual discrimination;clearing the burden of proof when employment sexual discrimination dispute enter into the court.Employment sexual discrimination means employers have no legal reasons,they treat employees differently only by their sex and damage their equal right of employment from seeking work to leaving the work.But if the differently treatment by sex is required by the special work itself or the legal regulations,there is no discrimination.Dividing the criteria of employment sexual discrimination are "Bona Fide Occupational Qualification" and "Social Public benefit",of course these criteria are,we need list that which behavior isn' t belong to employment sexual discrimination.Employment sexual discrimination divide into "direct discrimination "and "indirect discrimination".The legal liability of employment sexual discrimination consist of civil responsibility and administrative responsibility.Civil responsibility including employing?paying three month' s salary and amercing employers?reinstatement?apologizing?compensating the loses?paying indemnity.Administrative responsibility except including amercing and administrative punishment,it also can add revoking business licence and set specific amount of amerce.Specific law enforcement agencies of employment sexual discrimination can attached to the government and consist representative who represent employer?representative who represent women and lawyer expert,the functions of the agency are dealing with the appeal of employees?mediating employers and employees and bringing a suit against employers if necessary.When employment sexual discrimination dispute enter into the court,the burden of proof should convert,direct discrimination and indirect discrimination should have different rule in burden of proof,we don' t need to prove employer's subjectivity.
Keywords/Search Tags:employment sexual discrimination, criteria, legal liability, specific law enforcement agencies, the burden of proof
PDF Full Text Request
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