Later, I received a reply from the company ... saying that she was not suitable for the above two positions, and only the word "Henan native" was written in the column of unsuitable reasons. Xiaoyan was very angry and thought that the company's behavior was employment discrimination and violated relevant laws and regulations, and sued the company to the people's court. Recently, the court heard the case in court ... and sentenced the defendant's recruitment company to pay 9000 yuan for mental damages and 1000 yuan for notarization rights protection, and made an oral apology, and made a written apology to Xiaoyan in the Legal Daily. Employment discrimination refers to any behavior that takes different measures such as exclusion or preferential treatment based on race, color, religion, political opinions, nationality, social background, gender, household registration, disability or physical health, age, height, language, etc., and infringes on the equal rights of workers. There is no legitimate purpose and reason. The main discrimination encountered by workers in China in the process of employment is manifested in the following aspects:
1, urban and rural household registration employment discrimination The most serious discrimination in China is the existing household registration system, because it concerns the interests of the group. It mainly includes: ① discrimination in rural hukou. Migrant workers are generally treated unfairly in urban employment. Farmers are often called "country people" and excluded by "urban hukou". (2) Discrimination against immigrants. The recruitment of enterprises in this city is often limited to "local hukou is preferred", or some employers require candidates to have local hukou.
2. Gender Discrimination Although the state has promulgated a series of laws and regulations including the Labor Law, the Law on the Protection of Women's Rights and Interests, and the Special Provisions on the Labor Protection of Female Workers, all of which emphasize that women enjoy equal employment rights with men ... there is still serious gender discrimination in the employment field.
3. Age discrimination Due to the large population in China, the employment structure tends to be younger. Some employers set an almost harsh age limit when recruiting, excluding a large number of older job seekers. More and more enterprises limit the age to under 35 when recruiting employees.
4, height discrimination Height is beyond human control, mostly determined by genetic factors. However, some employers often like to make rigid rules on the height of job seekers in recruitment announcements, and those who fail to meet the height requirements … often fail in the first round of resume screening.
The discrimination in this case is geographical discrimination. Regional discrimination refers to a prejudice psychology of "treating people differently" based on regional differences. Due to the cultural diversity and unbalanced economic development in different regions, some people have special views on people and things in a certain place. This kind of geographical discrimination on the internet is more obvious ... Due to the development of new media, many people like to generalize according to news events that happened in a certain place, and there are often abusive wars caused by regions under the news. This concept further affects real life, resulting in prejudice and discrimination of individuals or employers.
In fact, employment discrimination is far more than the above statement. The most important thing for a company to recruit an employee should be the ability to work and their own quality ... Does height, gender, registered permanent residence and other factors affect their ability to work and personal quality? Not at all. Article 3 of the Employment Promotion Law clearly stipulates: "Laborers shall enjoy equal employment and the right to choose their own jobs according to law. Workers are not discriminated against because of nationality, race, gender and religious beliefs. " Article 12 of the Labor Law also stipulates that workers shall not be discriminated against because of their nationality, race, sex and religious beliefs. From the provisions of the appeal, we can know that the employer should provide equal employment opportunities and fair employment conditions to the workers when recruiting personnel, and there should be no employment discrimination.
In the Notice of the Supreme People's Court 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. All workers who encounter employment discrimination can bring a lawsuit to the people's court to safeguard their rights. Xiaoyan case is the first case of employment discrimination in Zhejiang Province. I believe that in practice, she is by no means the first person to be refused a job because of her position, nor will she be the last. China's current laws adopt principled legislation on employment discrimination ... There are no specific punishment measures for employment discrimination, and both substantive law and procedural law have great shortcomings. In order to improve the current situation of employment discrimination, the state needs to continue to improve the relevant laws and regulations to promote employment … and enhance its feasibility and operability.