Case Study On Gender Discrimination In Employment

The implementation of the "three children" policy has brought a series of sharp and heated discussions.Topics related to women who undertake the important tasks of family reproduction and social development naturally become hot.How to ensure the survival and development of women and the smooth implementation of the policy is a topic worthy of discussion.Starting with case study,this paper studies and explores the problems related to gender discrimination in employment and equal employment right,and expresses the author’s opinions and thoughts on the current problems.The author searches the cases related to gender discrimination in employment from the China Judgment Document Network,selects typical cases,and summarizes the controversial points of typical cases as follows: How to identify gender discrimination in employment;What civil legal liabilities should the employer that implements gender discrimination in employment bear;How to distribute the burden of proof in employment gender discrimination cases;Can the disputed facts in labor disputes be identified as equal employment rights disputes.When analyzing the controversial points of typical cases,the author finds that there are defects in the judicial trial practice of gender discrimination in employment in China: the infringement constitutions of gender discrimination in employment are not clear,the distribution of the burden of proof in employment gender discrimination cases is unreasonable,the civil legal liabilities of gender discrimination in employment is not specific,and the judicial protection path of gender discrimination in employment is not perfect.Based on the above problems,the author puts forward corresponding solutions: At first,clearly stipulate the concept,types and constituent elements of employment discrimination in the legal provisions of anti-discrimination in employment,clearly stipulate the civil legal responsibility of infringers,and stipulate a more reasonable formula of burden of proof;Secondly,in terms of judicial relief,we should break the isolation between labor disputes and employment equality infringement disputes.When a case meets both the conditions for prosecution of labor disputes and the conditions for prosecution of employment equality infringement,workers can be allowed to choose any cause of action for prosecution based on the principle of concurrence of legal liabilities,and the court should accept and make a fair judgment.