Constitutional Research On Anti-Employment Discrimination Of Sexual Minorities

China’s economic condition and cultural traditions have marginalized the sexual minorities in society,making them faced with vulnerabilities of different degrees of invisible discrimination in workplace.Existing judicial cases in terms of employment discrimination against sexual minorities show that China lacks specific legislation in this,and judicial practice also fails to give applicable protection to sexual minorities.Given the relatively small number of sexual minorities,they do not possess the representative strength and power to promote legislation.Hence,how to protect the interests of sexual minorities under the existing legal framework has become an issue that needs to be solved urgently.In contrast,the United States has upheld freedom and equality as the core philosophy of governance and policy formation.It has rich constitutional experience in equal protection of employment for sexual minorities.From the courts’ restrictive interpretation of "gender" and the exclusion of sexual minorities from the protection object in the 1970s to the extensive understanding of the term "gender" and the suggestion that employment discrimination was a stereotype of the term "sex" at the dawn of the twenty-first century,down to the passage of the Equality Act of February 2021,which added a new legislative prohibition on employment discrimination based on sexual orientation,the United States has come a long way in achieving this.Although there are fundamental differences between China and the United States in terms of political institutions,judicial settings,and social foundations,the two countries’employment protection legislation focuses on the workplace’s principle of performance.As changes keep occurring,China is now experiencing an increase in the feminist movement and the trend of gender equality and is modeling the social characteristics of the United States.With the similarity of legislative philosophy and historical context,combined with the provisions of human dignity,freedom,and equality in China’s constitution,the author opines that more can be done;that there is a constitutional possibility to expand the interpretation of "gender discrimination"in terms of semantics and legislative motives in China to curb the case of anti-employment discrimination against sexual minorities.Nevertheless,while making adjustments in crystalizing the constitution and its insinuation on gender equality,it is pertinent to note that it can not work in isolation of systematic interpretation.Hence,to achieve job equality for sexual minorities,it is critical to pay keen attention to the systemic needs of constitutional interpretation and the more profound promotion of the social level.This thesis discusses the issue from four standpoints.The first part illustrates the core problem by combing through China’s existing typical cases and legislative provisions.It suggested that although there is progress in regulating employment discrimination against sexual minorities in judicial practice,the issues surrounding,for example,the nature of employment discrimination towards sexual minorities and which provision should be applied,are still not determined.Moreover,the Chinese constitution lacks clear terms defining gender discrimination in the workforce;this makes companies turn defunct in the practice of this law.The second part explains the basic theory of employment discrimination against sexual minorities,defines who sexual minorities are,what employment discrimination against sexual minorities is,and analyzes the internal reasons for its occurrence.The third segment further analyses the maturity of the practice of the anti-discrimination law on sexual minorities in the United States,where the development attempts to assess the specific development and internal logic of the system,which is worthy of emulation by China to bridge the gap in the workforce.The fourth part examines the urgency,possibilities,and problems that need attention to achieve a reasonable solution to eradicate this problem by including employment discrimination against sexual minorities in the category of gender discrimination in our judicial practice.Also,the local bureaus of Human Resources and Social Security need to be more effective and responsive in handling defaulters of the law and ensure that the law is consistent even while in the workspace.It does not just end at the recruitment stage.This will make the law widespread on all aspects that constitute the labor force,not limited to semantics and other social values.