Study Of Anti-employment Discrimination Law

The most important theory basis of employment discrimination law is to protect the equal rights of laborers. The theory of the prohibition of abusing rights and the theory of corporation social responsibility also provide legal reasons for restricting the employing autonomy of employers with employment discrimination law. Moreover, equal rights in employment are the inevitable demand of democracy and pluralistic society advocated by constitutional government.In the process of employment, if the employer's practice put some of the laborers at a disadvantage in hiring, remuneration, working condition, training, promotion, joining laborer unions, and termination, and that disadvantage results from the features of the laborers mentioned above such as race, nation, sex, religion, age, disability, then that practice constitutes employment discrimination. Employment discrimination can be divided into two kinds:if the employer directly put some laborers at a disadvantage on the ground that they have some special features, that practice is called direct discrimination; if the employer use a facially neutral employment practice that has an unjustified adverse impact on the laborers with special features, that practice is called indirect discrimination.Employment discrimination law pursues equal employment opportunities, and takes measures to prevent employment discrimination and eliminate the consequences of discrimination. The main measures include:to establish professional anti-discrimination institutions to enforce the law; to reduce the plaintiff s burden of proof, and devise effective ways of remedy; to forbid the employer retaliating against the laborers; to take positive action to eliminate the inequality in employment accumulated by long-term employment discrimination in history.China is a representative of socialist countries, the legislators attach importance to the protection of equal rights of laborers, related regulations can be found in constitution, labor law, the employment promotion law, the law on the protection of women's rights, and the law on the protection of disabled persons. In general, however, most current regulations are in the form of oath, the maneuverability remains to be promoted. Moreover, there are still various kinds of employment discrimination in the job market, the rights of laborers cannot be ensured. The paper suggests that we should be in light of China'. s national conditions, and use the experience of other countries for reference to enact specific law on employment discrimination under the employment promotion law. Besides, we should pay attention to the enforcement of law so that the legal rights of laborers can be protected effectively.