Research On Legal Regulation Of Homosexuality Discrimination In Employment

Since China’s transition to market economy,some workers face employment discrimination in employment.In recent years,in addition to the common gender discrimination,household registration discrimination,but also targeted minority employment discrimination.The homosexual community has been under enormous social pressure.Both the "Little Red Riding Hood incident" in 2015 and the "dismissal of gay kindergarten teachers" incident in 2018 have universal deep-seated labor law issues —— the unequal treatment of homosexual groups in the workplace,whether it violates the equal right to employment and human dignity of homosexual groups?It is of great theoretical value and significance to study this problem.The main research methods of this paper are: case analysis,theoretical research,comparative analysis and normative analysis.It consists of three parts: introduction,text and conclusion.The first part,the case and the question raise.By studying and analyzing the case of the first case of discrimination in the workplace of sexual orientation in China and the results of the court trial,three questions about employment discrimination of homosexual groups are raised:The legitimacy and rationality of the prohibition of discrimination against homosexual employment,the judicial dilemma and its causes,and the legal standards and practical methods determining the employment discrimination of homosexual groups.The second part analyzes the legitimacy and rationality of prohibiting homosexual employment discrimination.This paper enumerates and analyzes the reasons why the mainstream society denounces homosexual groups.There is no correlation between the means adopted by enterprises and the reasons to prevent and stop,and it is not reasonable to analyze from the principle of proportion.The third part is the judicial dilemma of homosexual employment discrimination and its causes.Mainly from the gay employment discrimination judicial recognition,judicial decision,judicial relief three aspects of the dilemma.This paper further analyzes the reasons of employment discrimination faced by homosexual groups in China.The fourth part of the proposal to address gay employment discrimination.Drawing onand analysing the policy proposition or legislative experience of the International Labour Organization,the United States and the United Kingdom to protect minorities,including homosexuals,to explore the possibility and methods of legislation in our country specifically protecting homosexual groups from employment discrimination.The study found that:(1)Discrimination in the workplace against homosexual groups occurs mainly in the course of work,mainly in the form of harassment,hostile attitudes and isolation,or on other grounds,the dissolution of labour relations with homosexual workers;Most of these discriminatory acts occur within the workplace of the enterprise and are therefore more hidden and difficult for third parties to detect and intervene.(2)China’s Employment Promotion Act does not explicitly include "sexual orientation" as a ground for prohibiting discrimination,the courts,in the relevant cases,lack a clear legal basis for making judgements against workers.(3)Because homosexuality has been "stigmatized" for a long time,there is no explicit legal provision in China’s domestic law to specifically protect the right to equal employment of such groups,and because the same-sex groups are difficult to tolerate in mainstream society,the right to equal employment and the right to non-discrimination of the same-sex groups are also difficult to support in judicial trials.The court adopts a recusal strategy to circumvent the entity review of whether the relevant actions of the employer constitute employment discrimination.The first is the lack of uniform and feasible standards for judicial review of employment discrimination in China,and the second is the lack of genuine attention to the rights of sexual minorities due to the cautious and conservative attitude of the courts,which leads to the lack of legal basis for gay groups to uphold the right to equal employment.Accordingly,this paper proposes:(1)The right to equal employment of sexual minorities should be clarified and guaranteed by law,taking into account the expression of "other status" in the non-discrimination clause of the International Covenant on Civil and Political Rights,in keeping with the trend of world development.(2)Further promote specific legislation to combat discrimination in employment,expand the grounds for the prohibition of discrimination and explicitly include sexual orientation as a prohibited subject.(3)To strengthen cooperation between the Government and civil society organizations aimed at promoting the rights of homosexual groups and to establish or commission specialized agencies to resolve labour disputes that discriminate against homosexuals in employment.