Research On The Legal Protection Of Women's Equal Employment Right

The right to employment is the basic right of citizens to maintain production and life.Women in the process of historical development due to physiological factors,social and cultural factors,it is difficult to enjoy the same treatment as men.In order to change this unfair phenomenon,all countries are committed to the pursuit of equal employment rights for women.For the realization of women's equal right to employment,the biggest obstacle is gender discrimination in employment.In order to reduce the discrimination against women in employment,the government has formulated a series of special policies and regulations to give special protection to women.In this way,women can enjoy the substantial equality right in employment.However,under different historical conditions,people's understanding of womenright to equal employment is different,then the policy formulation,may not be consistent with the current employment gender equality.Since the founding of the people's Republic of China,in order to change the disadvantage of women in the employment market,China has developed a number of special measures to protect women's labor rights.Worthy of attention and vigilance is the criteria for the classification of the gender discrimination,can well protect women's equal right to employment in the planned economy era,but in a competitive market economy conditions have been more and more prominent disadvantages and hidden dangers.Some preferential measures not only did not bring protection to women,but produced a lot of adverse effects,which not only hindered the realization of equal employment rights for women,but also brought discrimination to male workers,the formation of reverse discrimination.Reasonable different treatment is an inevitable requirement for the pursuit of equality,but unreasonable different treatment is discrimination.Therefore,whether the preferential treatment is reasonable determines whether it constitutes a reverse discrimination.Only the first line of discrimination and reverse discrimination.There are many difficulties in the identification of reverse discrimination,which is not easy to find,but it brings a great obstacle to the equality of men and women.Therefore,how to grasp the legitimacy and rationality of the special preferential measures has become the standard of equality.This paper attempts to study women's equal right to employment from the perspective of reverse discrimination,not advocating feminism,and not supporting male chauvinism.Both feminism and patriarchy are extreme sexism,and both of them have gender prejudice in nature,which is harmful to both men and women in the two.It is very difficult to explore the reasonable proposition of gender equality in employment,whether from the perspective of feminism or feminism.on the road of pursuit the women's equal right to employment,we need a male alliance,the real gender equality in employment should not be divided by gender.This paper attempts from the gender perspective,abandon those of no importance difference between men and women,to explore how to achieve women's equal employment rights,and ultimately achieve gender equality in employment.In addition to the introduction and conclusion,this paper is divided into four parts.The first part: from the "China's first retirement age" case leads to the theme.From this case,this paper puts forward a kind of hidden trouble hidden behind the special protective measures of women,and then finds out that the problem of "reverse discrimination" is a great obstacle to women's equal right to employment.The second part: This paper will give a detailed analysis of the reverse discrimination in the field of employment.Firstly,it will introduces the general theory of reverse discrimination.,which does not get enough attention and study in our country,people's impression of it is very strange.But it quietly hindering women's equal right to employment.Secondly,introducing the theory of equal employment rights of women,which is the premise of exploring women's equal right to employment.Finally,through the empirical analysis of the preferential measures which can easily lead to reverse discrimination,this paper reveals the problems existing in the legal protection system of women's equal employment rights in China.In the third part,this paper will introduce the current situation and dilemma of the legal protection system of women's equal employment right in China.By combing the current legal system of women's equal employment rights in China,and finding out the difficulties.And analyzes the typical system predicament.This paper mainly analyzes the three aspects of the Institutional Dilemma: first,the lack of protection of equal employment opportunities,second,the development of special measures to protect the loss,third,the lack of reverse discrimination review mechanism.The fourth part puts forward some suggestions on the reform of the legal system for the protection of women's equal rights in employment.First of all,it is proposed to reconstruct the gender culture,which is the most fundamental measure.Secondly,it tries to re-examine and adjust the current gender equality legislation model from the perspective of gender.Furthermore,reforming the proposed special protective measures for women.Finally,it is suggested that the government,employers and individuals should be reasonably distributed to promote the equal employment of women,so as to reduce the cost of employing female workers.