Equal Protection Or Invisible Discrimination-Study On The Anti-employment Gender Discrimination System In America

The contemporary Chinese legal regulation doesn't pay much attention to the equal protection in employment.In contrast,there are a lot of special protections just for women.Whether this legal regulation can effectively prohibit employment discrimination and protect women equal employment rights?Because our anti-employment discrimination legal system is not perfect,this paper studies the development of American anti-employment discrimination.This paper analyzes the theoretical basis,definition and legal origin of employment discrimination,as well as compares the concrete practice and the existing problems both in China and America.Finally,I find that it's invisible discrimination instead of equal protection for women when we just pay attention to the special protections and ignore the equal protection for both sexes.The paper includes introduction,conclusion and four chapters.Chapter 1 introduces the theory analysis of employment discrimination.Subchapter 1 is the theoretical basis of employment discrimination law regulation,including equality theory,the theory of fairness and justice and gender equality theory.Subchapter 2 is the definition of employment discrimination,including direct discrimination,indirect discrimination and invisible discrimination.Chapter 2 introduces the formation of American anti-employment discrimination legal system.Subchapter 1 is historical evolution of American anti-employment discrimination legal system,including the basic law,the specialized law and the state law.Subchapter 2 is the conflict and coordination of American anti-employment discrimination legal system,mainly summarized the conflict and the final choice between the American chapter 7 of the 1964 Civil Rights Act and the state law.Chapter 3 introduces the present situation and the practice of Chinese anti-employment discrimination legal regulation.Subchapter 1 is the present situation of Chinese anti-employment discrimination,including equal protection clause for women's employment opportunity and special protection clause for women's employment.Subchapter 2 is the current social situation of Chinese anti-employment discrimination legal regulation.Chapter 4 answers the question "equal protection or invisible discrimination".Through studying the advanced experience of America,this paper puts forward some suggestions to improve the regulation of Chinese employment discrimination law.