Later, I received a reply from the company ...... saying that she is not suitable for the above two positions, not suitable for the reason column only wrote "Henan" three words. Yan is very angry, that the company's behavior is employment discrimination, in violation of the relevant provisions of the law, the company sued to the People's Court. Recently, the court heard the case ...... and the court sentenced the defendant that the recruitment company to the plaintiff Yan compensation for moral damages 9,000 yuan, notary rights fee of 1,000 yuan, verbal apologies, and in the "Legal Daily" in writing to the small Yan apologies. Employment discrimination refers to the lack of lawful purposes and reasons based on race, color, religion, political opinion, national origin, social origin, sex, domicile, disability or physical health status, age, height, language, etc., to take differentiated treatment ...... exclusion or preferential and any other violation of the right to equality of the measures to infringe on the labor rights of the workers. (c) Acts that violate workers' labor rights. The main forms of discrimination encountered by Chinese workers in the course of employment are as follows:
1. Discrimination in Employment by Urban and Rural Household Registration The most serious form of discrimination in China is the existing household registration system, which is related to the interests of groups. It mainly includes: ① Discrimination against rural household registration. Rural workers are widely subjected to unequal treatment in urban employment. Farmers are often referred to as "country people" and are denied access to "urban household registration". Discrimination against outsiders. The city's enterprises are often limited to recruiting "the city hukou priority", or some employers require applicants to have a local hukou.
2, gender discrimination in employment, although gender equality and protection of women's rights and interests, the state has introduced a series of laws and regulations, including the Labor Law, the Law on the Protection of Women's Rights and Interests, the Special Provisions on the Protection of Female Workers and Employees, etc., have emphasized that women enjoy equal rights with men in employment ... However, there are still more serious in the employment field of gender discrimination. gender discrimination.
3. Age discrimination Because of China's large population and the trend toward a younger employment structure, some employers set nearly harsh age boundaries when recruiting, excluding a large number of older job seekers, and more and more companies are limiting the age of their hires to less than 35 when recruiting employees.
4, height discrimination height is not controlled by man, mostly by genetic factors. But some employers tend to like the recruitment announcement on the height of the applicant to make mandatory provisions, did not get the height requirements ... often the first round of resume screening fell through.
And the discrimination that exists in this case is geographic discrimination. Geographic discrimination is a prejudice against a particular geographic group of people based on geographic differences. Because the culture of each region is very different, coupled with the imbalance of the economic development of each region, resulting in some people have a special view of the people and things in a certain place. This kind of regional discrimination is even more obvious on the Internet ...... Because of the development of new media, many people like to generalize based on the news events that happened in a certain place, and there are often verbal scoldings caused by the region under the news. Such perceptions, in turn, affect real life, giving rise to prejudice and discrimination on the part of individuals or employers.
In fact, employment discrimination is much more than what is stated above. The most important thing for an organization to recruit an employee is the ability to work and the quality of the person...Does height, gender, household registration, etc. have any effect on the ability to work and the quality of the person? Not at all. Article 3 of the Employment Promotion Law clearly stipulates: "Workers shall enjoy the right to equal employment and to choose their own jobs in accordance with the law. Workers shall not be discriminated against in employment on the basis of ethnicity, race, gender, religious beliefs, etc.". Article 12 of the Labor Law also stipulates that workers shall not be discriminated against in employment on the basis of ethnicity, race, gender or religious belief. From the provisions of the appeal, it can be learned that employers should provide equal employment opportunities and fair employment conditions to workers when recruiting personnel, and should not practise discrimination in employment.
In the Supreme People's Court's Circular on Increasing the Subject Matters of Civil Cases, issued in 2018, the Supreme People's Court added the subject matter of "disputes over the right to equal employment". Anyone who encounters employment discrimination, the laborer can file a lawsuit with the people's court to defend their rights. Yan's 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 rejected because of geography, nor will it be the last. China's current laws on employment discrimination take the principle of legislation...there is no specific punishment for employment discrimination, and there is a large lack of provisions in both substantive and procedural law. In order to improve the status quo of employment discrimination, it is necessary for the state to continue to improve the employment promotion related laws and regulations...and enhance the feasibility and operability.