Law And System Improvement Of Employment Discrimination Against Disabled Person

Disabled workers,as a special social groups,itself at a disadvantage position,in the process of employment job often suffer from employing units,the employer's discrimination,however,in practice,on the disabled employment discrimination law system has yet to find a feasible way.Although in terms of social security conditions such as rehabilitation,education,employment,life and environment,the society has begun to respect and increase the protection of people with disabilities,and the employment discrimination problem has been significantly improved,and relevant specific provisions have been formulated in the following aspects of legal protection and relief,and it has been involved in the contents of the constitution and the People with disabilities act of the Peoples Republic of China,which has been formed as the guidance core and supplemented by relevant laws and regulations as the basis and local normative documents,thus to build a better legal system of social security for disabled workers.However,from the perspective of legislation,especially in the field of anti-disability discrimination,there is no special law for anti-disability discrimination,no provisions on how to enforce it,and how to implement it specifically,and even what circumstances as discrimination against the disabled laborer is not very clear,which makes it difficult to rely on specific cases.So,this is an analysis of the limitations and gaps of the existing institutions in our country,is discussed in combination with the viewpoints of the academic community and the relevant provisions from other countries.The legal definition of disability.In the specific legal provisions,different countries have different understandings and different expressions for the disability,while the definition of disability is only a general abstract concept,and it does not specify exactly how to define it.Through the study of the definition of disability in mainland China,Hong Kong and Taiwan laws and regulations,the theory of social model of comprehensive scholars,the theory of missing function and the theory of psychosomatic disorder,and then drawing on the theories of psychosomatic disorders in foreign legislation,and the medical model theory,summarize the legal definition of disability in accordance with China's national conditions and legal norms.The legal definition of disability employment discrimination.In our country,there is no specific answer to the employment of disability,and there are no accurate and detailed rules for the types of employment discrimination in different employment modes.Employers use this legal imperfection and legal loopholes to keep disabled workers out.And disabled laborer also cannot according to the existing legal provisions for legal aid,the equal employment rights.Through the analysis of the current situation and deficiencies of the legal definition of disability employment discrimination in our country,I put forward feasible Suggestions to improve the legal definition of disability employment discrimination in our country by combining with the study on the employment discrimination of disabled persons and the legal system of the legal system of employment discrimination of the disabled in the world and the legal system of Sweden in the European Union.The reasonable accommodations.The principle of reasonable accommodations is void in our country's legislation,and in the practice of our country,it is so badly lacking that many disabled workers can't enjoy the same rights as ordinary workers,which goes against the idea of our constitution and human rights protection.protection.The principle of reasonable accommodations comes from the United Nations convention on the rights of persons with disabilities,which is a very important principle in the employment protection of disabled persons and the basis for the equal work rights of the disabled workers with other workers.Therefore,I put forward some Suggestions on the relevant content of the reasonable accommodations principle in our legal system.