Research On Judicial Relief System Of Discrimination In Employment For The Disabled

The disabled have been living in the bottom of society,they are always recognized as vulnerable groups.In order to completely change the current situation of the disabled,it is not enough to rely solely on the state's financial subsidies and social support,we must implement the disabled employment rights.This article,based on the legal basis of the disabled employment discrimination and the employment discrimination against the disabled,analyzes the deficiency of the judicial protection of disability employment discrimination in China from a legal point of view,and puts forward the legal regulation path of disability employment discrimination.Apart from the introduction and conclusion,this paper is divided into four parts.In the first part,the author introduces the present situation of employment discrimination faced by disabled workers in the employment market.From now on,the employment discrimination of our country mainly includes the employment discrimination,the discrimination of reward,the lack of barrier free facilities in the workplace and the occupational segregation.A Among them,the employers directly refuse the disabled job seekers,or after considering the disabled applicants,reflects a recessive employment discrimination,it is the most obvious manifestation of discrimination in the employment of the disabled.The second part analyzes the legitimacy of the judicial regulation of employment discrimination in our country.The author discusses the necessity and possibility of the judicial regulation of the employment discrimination against the disabled from the perspective of the legal basis of the employment discrimination against the disabled.The third part is the analysis of the system of China's current laws on the discrimination of employment discrimination.At present,our country has through a series of normative documents to establish anti disabled legal basis of employment discrimination,including the relevant international conventions which are applicable in China,and the basic laws and local regulations.However,in view of the reality of China's current judicial practice and related cases,there are still some deficiencies in the judicial regulation of employment discrimination.In the fourth part,the author analyzes the way to improve the judicial regulation of employment discrimination for the disabled.According to our current legal practice,we should not only emphasize the declaration of legal,or the possession of specific rights,we must build a detailed system of judicial regulations of disabled employment discrimination.In this paper,the author mainly contrapose the shortcomings of the judicial regulations on the discrimination of disability in the third part,makes a relatively comprehensive discussion on the path of judicial regulations.