Legal Issues Around Gender Discrimination In Employment

After more than half a century of development,feminist jurisprudence has gradually evolved from a feminist critique of the laws of the society at the time into an independent discipline,and has expanded from a Western-dominated trend to an accumulation of common human experience,with a role that cannot be ignored in answering legal questions related to gender equality and reflecting on the limitations of the construction of society and the legal system.In our country,equality and justice have become core values that are universally pursued by society and are the fundamental principles that underpin the law;gender equality,the most historically timeless of equality issues and one that concerns all people,is also being addressed in various fields.Gender equality has also been increasingly reflected in the formulation and implementation of decisions in all areas.Gender equality,as a fundamental state policy,is guaranteed by government commitment and law,and substantial progress has been made in terms of equality in law,resources,opportunities,and relationships,but deeprooted gender-based differences in treatment still exist and require active adaptation of laws,regulations and policies to the more subtle,indirect and complex manifestations of gender discrimination.In the labour sphere,in addition to the disadvantageous position of women in terms of employment participation,career development and work environment due to the dominant male norm of power and rights in a structurally patriarchal society,differences in reproductive functions and perceived gender stereotypes,norms and divisions of labour also constrain the protection of women workers’ rights and interests and their empowerment in development.By introducing the perspective of feminist jurisprudence into the study of gender equality in employment,we can,on the one hand,promote the mainstreaming of women’s experiences and gender,monitor and reflect on the discriminatory treatment of different genders from all stages of law design,implementation,monitoring and evaluation,and,on the other hand,discuss the connotation and realisation of gender equality in our national context through the embodiment of different schools of feminist jurisprudence in domestic and international legal practice.Through a review of the current situation of gender inequality in the field of employment,this article will focus on the three obstacles women face at this stage:the "motherhood penalty",which is centred on childbirth,squeezes the value of women’s human capital in the workplace,making women subject to discriminatory screening from before they join the workforce to after they leave it,difficulties in balancing the workplace due to increased childcare and household responsibilities,and inadequate social security.The systemic gender-based stereotypes and objectification of women in society prevent women from being fully valued in society,and internalised gender perceptions contribute to the reproduction of gender discrimination;women also need to achieve gender mainstreaming in legal policies,in addition to accessing support and remedies at all levels of society to promote substantive equity and equality of opportunity.In addition to providing support and remedies at all levels of society to promote substantive equity and equality of opportunity,legal policy should also be more concrete and specific about the positive obligations of employers to create a fair and safe workplace and to take social responsibility for childcare.In terms of law,China does not yet have a specific anti-discrimination law,and there is still room for improvement in terms of the clear definition of the concept of discrimination,the enumeration of the grounds of discrimination,and the inclusion of gender equality.In particular,it is possible to explore special anti-discrimination bodies and courts,the burden of proof system,and remedies and compensation measures,so as to promote the protection of workers’ rights and interests in a more comprehensive and efficient manner in practice.In addition to the above discussion of the core issues of feminist jurisprudence,the innovation of this article is that,although feminism starts from the concern of women’s life experiences and social status caused by their gender identity,it is essentially a fight for the equality of all human beings in all aspects.Furthermore,by introducing an intersectional feminist perspective,this paper attempts to escape the logical trap of making gender the primary or even the only contradiction faced by all people,ignoring the individual values and group differences beneath female identity,and focusing on the encounters of minority and marginalised groups within the context of employment equality,making feminist jurisprudence’s reflections and guidance on law more extensive and concrete.In terms of the structure of the article,the paper will start with a summary of the multifaceted dilemmas faced by women at the practical level,then draw an overview at the theoretical level,define gender discrimination in employment,including sexual harassment in the workplace,and introduce the existing legislative system related to gender equality in employment in China,and finally,by reviewing the evolution of feminist jurisprudence and examining the practical experiences of overseas countries,it will provide a basis for the continued development of anti-employment discrimination and gender equality in China in the fields of legislation,justice and policy.Finally,it is worth pointing out that feminist jurisprudence is a critical,multidimensional,and constantly renewed discipline that is influenced by different legal schools of thought,and requires the law to reflect,adjust,and improve itself in a timely manner,based on the changing social practice.