| The equal right of the disabled in employment is a reflection of equality right. It’s afundamental right in the field of the disabled people’s employment. It is a key for thedisabled to gain economic independence and also a necessary condition of the disabledpeople who has the right to survival and the right of development. The equal right of thedisabled in employment includes formal and substantial equal right in employment. Theformer usually means the equal opportunity in employment, and the latter often means theequality in result, which is called “affirmative actions†in Europe. A series of activemeasures by government are used to correct the disabled people’s unfair treatment inhistory and create equal employment conditions for the disabled people’s specialprotection. In our country, the disabled people have suffered a tough job market. Lackingof education, short of tax incentive policies, and specially the common existence ofdiscrimination in employment are main cases of the disabled people’s difficulty inemployment. At the same time, the legal system is not perfect. Specially in the field of thedisabled people’s employment, there has been no special legislation, nor has specificenforcement standard of present prohibitory regulation. And this has resulted inperforming no function of the prohibitory regulation. In this thesis, many true cases andsome related data are used to analyze the present condition of employment and ournation’s legal system. Besides, by comparing the legislations in the field ofanti-discrimination and protection of the disabled people’s equal right in employment, wecan learn their useful experiences. At the end of thesis, the author provides many usefulsuggestions, such as legal system, judgment rules of disability discrimination inemployment, instauration of Equal Employment Commission, the burden of proof, theremedies and so on. |
