Research On The Burden Of Proof In Anti-Employment Discrimination

Discrimination is not uncommon in China,but few people have filed lawsuits to defend their legal rights.In order to find out the reasons,by screening the cases of employment discrimination from the Judicial Opinion of China,analyzing the burden of proof,finally this paper found the following insufficiencies:First,the rules for the distribution of burden of proof are unfair for laborer.Second,inconsistent attitudes to the fault.Third,the principle,that the court determines whether the defense are applicable or not,does not live up to the doctrine of anti-discrimination.By analyzing and comparing the law regulation of other countries and regions,the author believes that,the burden of proof of the labor can be effectively released through formulating the rule of inversion of burden of proof,and by adopting the objective constituents of discrimination,no more proving the subjective status of the employer for the labor.About legal remedy,the minimum amount of compensation and punitive compensation should be added to provide those who have suffered discrimination a more appropriate remedy.The above measures should be efficient for eliminating the phenomenon of employment discrimination and work to make the society more just and fair.