What is employment discrimination?

Experts in related fields said that enterprises used discriminatory rules in recruitment to shut out job seekers, which violated relevant laws and regulations on labor security.

Employment discrimination involves many aspects.

In April this year, an enterprise in Jiangsu province refused to recruit "people with tattoos in the three eastern provinces" on the grounds of government regulations, which became the focus of society. According to the local authorities, there is no rule that the government does not recruit people from the three northeastern provinces, and it is told that "if there is employment discrimination, workers can file a lawsuit".

Employment discrimination means that employers set various restrictive clauses for job seekers without legal basis. The geographical discrimination of not recruiting people from the three northeastern provinces is not the only manifestation of employment discrimination. Employment discrimination may occur in education, gender, even face value, constellation, eating habits and so on. Among them, gender discrimination is the most serious.

"Looking for a job now, it is not enough to prepare a resume, but also to prepare the interviewer's tricky questions." Wang Le said that women over the age of 30 who have no children often encounter "Will they get married at work and have plans to have children?" When recruiting middle managers with three years or more work experience, many companies don't know it, but secretly give priority to men, because men "don't have to think too much about family and children, and can withstand high-intensity work."

"If one day, women don't have to be asked' How are you going to balance work and family', gender discrimination will really be eliminated." Wang Le said.

It is worth noting that age discrimination in employment is becoming more and more serious.

Huang Qing, who works in an electronic agriculture company in Shenzhen, said that age discrimination has become a common problem in the recruitment process of enterprises. Born in 1987, he will turn 34 this year. In the process of looking for a job, he found that some enterprises were embarrassed to sign labor contracts with him for several years.

"In Internet companies, 35 years old is a hurdle." Huang Qing said that in many enterprises, 35 years old is the dividing line for people in the workplace to accept high-intensity work pressure and performance requirements. "If you can't become a senior practitioner or switch to management before the age of 35, it will be extremely difficult to change jobs." Huang Qing explained the "35-year-old threshold" circulating on the Internet.

In addition, academic discrimination is also a common phenomenon of employment discrimination. HR Zhang Xinxin, a pharmaceutical company, said that employers pay more attention to the issues of employment cost and employment efficiency when recruiting. Relatively speaking, highly educated male workers seem to make enterprises pay less, so they become the first choice for employers. "But these employers often can't use a dynamic vision to evaluate the comprehensive quality of workers. In this way, social prejudice is formed, job seekers can't get a fair stage, employers will suffer because they can't choose the right talents, and they will also waste human resources. " Zhang Xin said.

Employment discrimination urgently needs legal regulation.

For job seekers, employment discrimination will affect their economic income and career development. For society, employment discrimination will also cause idleness and waste of human resources.

Articles 12 and 13 of the Labor Law stipulate that workers are not discriminated against because of nationality, race, sex and religious belief, and women enjoy equal employment rights with men.

In the Notice on Increasing the Cause of Action of Civil Cases issued by the Supreme People's Court on 20 18, the cause of action of "equal employment right dispute" was added, so that workers who encounter employment discrimination can bring a lawsuit to the people's court to safeguard their rights.

Zhao Zhanling, deputy director of Beijing Zhi Lin Law Firm, said that according to the Employment Promotion Law, workers enjoy equal employment rights in accordance with the law, and more employment discrimination is prohibited, such as not discriminating against disabled people, not refusing employment on the grounds that they are carriers of infectious diseases, and not imposing discriminatory restrictions on rural workers' employment in cities.

Policies and services can be cracked together.

Under the background of rapid social development, the equal employment clauses in the Labor Law, the Employment Promotion Law and the Law on the Protection of Women's Rights and Interests can no longer fully meet the needs of social development. In the process of legal practice, there are still some problems such as insufficient identification of the causes of employment discrimination, difficulty in measuring the losses of workers, and difficulty in obtaining evidence.

How to solve employment discrimination?

Shen Jianfeng, a professor at the Law School of the Central University of Finance and Economics, said that enterprises should not only correctly understand the relationship between employment discrimination and market choice, undertake social responsibilities and provide vocational training for employees, but also actively use technical means to solve the obstacles in the career development of workers. For the government, in addition to improving the anti-employment discrimination system, it should also strengthen and improve the active employment promotion policy. Through vocational training, social security subsidies and other means, guide employers to no longer set discriminatory job search thresholds when employing people and recruiting.

Wang Xianyong, a professor at the School of Civil and Commercial Economics of China University of Political Science and Law, also believes that for employment discrimination, the administrative enforcement mechanism in the anti-employment discrimination legal system should take into account both public and private, and assume two important responsibilities: First, safeguard public interests through administrative law enforcement; The second is to realize equal employment rights through administrative intervention and safeguard the interests of group workers. He believes that China should include employment discrimination in employers in the Regulations on Labor Security Supervision.

In fact, in terms of legislation, the human and social departments have been acting. The Regulations on the Management of Online Recruitment Services, which came into effect in March, 20021,clearly stipulates that the online recruitment information provided by the employer to the human resources institutions shall not contain discriminatory contents. The new regulations will extend the scope of prohibiting employment discrimination to the Internet and impose certain administrative penalties, which will help to combat employment discrimination and protect workers' equal employment rights.

During the recruitment period this spring, local human resources departments also took frequent actions: Tianjin launched a special campaign to clean up and rectify the order of the human resources market, and ordered human resources service agencies to make corrections within a time limit and impose administrative penalties according to law for organizing false recruitment activities and employment discrimination suspected of infringing workers' equal employment.

In addition, Jiangmen, Guangdong, Qingdao, Shandong, Kaifeng, Henan and other places have also carried out similar actions to effectively regulate the recruitment behavior of employers.

People in the industry call for timely and effective relief measures in addition to relevant mechanisms and measures to safeguard workers' equal employment rights.

"Relevant departments should strengthen the operability of policies and measures so that employers cannot and dare not implement employment discrimination." Zhang Xin said that the government should also guide and encourage employers to carry out legal training and training to improve the professional ability of workers. "If employers don't set a threshold, the quality and ability of workers will meet the requirements, and employment discrimination will be less and less."