Research On Legal Regulation Of Educational Background Discrimination In Employment

Employment discrimination includes gender discrimination,age discrimination,racial discrimination,education background discrimination,etc.,and education discrimination stands out as the most severe one.The employers set the qualifications for master's degree and doctor's degree for ordinary employment standard,and the employees must come from the Project "985" and "211" universities.Some even require the “top universities” criteria for the undergraduate degree.On the one hand,education discrimination wastes human resources and is detrimental to economic development.On the other hand,it seriously infringes the equal employment right of job seekers and disturbs the order of the job market,which is an unfair social phenomenon.Education background discrimination comes from the traditional concept of employers.A high degree of education does not mean a strong ability to work.On the other hand,employment education discrimination represents the lack of social responsibility of employers.Employment discrimination has strong social harmfulness to the record of formal schooling,and the employment discrimination legislation is not perfect in our country;it also cannot effectively prevent the occurrence of discrimination,as a result,the paper by analyzing the current status of degree of employment discrimination,and the related problems of legal regulation,in reference to countries outside,on the basis of practical experience,put forward the Suggestions of perfecting our country's degree anti employment discrimination law,ensure the labor rights of the applicants,safeguard social fairness and justice.The research of this subject is divided into four parts.First of all,it is a review on the legal regulations of employment and educational qualification discrimination in China.The shortage of legislation on employment discrimination have not formed a unified definition of record of formal schooling.Through the analysis of degree of employment discrimination phenomenon,we aim to set up an accurate definition.At the same time,the education discrimination is divided into three types: the first degree of discrimination,discrimination against school,discrimination against part-time degree.They will be discussed respectively.Degree discrimination from employment discrimination,the degree of discrimination criteria should be based on the employment discrimination criteria,specific applicable standards are three: degree condition Settings are beyond the scope of the law,is the sole criterion for judging degree discrimination validity;Whether academic qualifications are set on the basis of "necessary,appropriate and relevant" is another criterion.It is the third criterion to judge whether the establishment of educational qualifications is necessarily related to the needs of posts.Secondly,this paper analyzes the social status of employment and educational background discrimination,the problems in legislation and regulation,and the consequences of employment discrimination.In order to improve the adequacy of the evidence,the paper refers to the education department of the survey data,using the authoritative data to prove the universality and severity degree of employment discrimination,even degree discrimination also exists in the process of civil servants to select.The main reason for these problems is that the relevant legal system is not perfect.The power and responsibility of law enforcement departments are unclear and the punishment is insufficient.There is no remedy for discrimination.Employment and educational qualification discrimination is a social phenomenon that runs counter to equity.It is not conducive to building a harmonious society.Thirdly,this thesis analyzes and draws lessons from the legislative experience of foreign countries against employment discrimination.The United States is recognized as one of the countries with a sound legal system,especially in terms of human rights equality.According to employment discrimination,give full play to the guiding role of the government in the United States,on the basis of perfecting the relevant laws,the establishment of a specialized law enforcement,namely the fair employment,its important function is the implementation of the supervision and law,and effectively protect the employment rights of laborer,has the important enlightenment function to our country.Although Britain is under the international convention for the organization and the European Union urged,to establish and improve the legal system of employment discrimination,but its perfection is worthy of reference for our country: prohibits employment discrimination of reason clear;All kinds of discrimination in the job application process have been stipulated.Extending the prohibition against employment discrimination to government organs,undertakings and social organizations;Reasonably distribute the burden of proof in cases of employment discrimination;Various legal remedies;Age discrimination is prohibited.Fourthly,the suggestion of regulating the discrimination of educational background in employment in China.This part is the focus of the thesis,which is mainly discussed from three aspects: first,to improve the relevant legislation of employment education discrimination,including improving the "employment promotion law";We will clarify the legal responsibility for discrimination in employment and academic qualifications,and intensify punishment.At the same time,we will establish an unconstitutional review system to eliminate negative provisions on discrimination in employment and academic qualifications.Second,improve the judicial relief system,including special anti-discrimination agencies;Reasonable allocation of burden of proof;Widen the relief way of anti-employment discrimination.Third,we will improve the social security system,including improving the unemployment insurance system.Strengthening labor security supervision;We will implement positive measures to encourage employers and eliminate employment discrimination.Finally,we summarize the whole paper.Implementation of legal regulation discrimination of employment education,is an important content of perfecting our country's legal construction,not only is advantageous to the social from all walks of life set up the rule of law concept,and protect the laborer equal employment rights,conducive to social harmony and stability.