According to Articles 12 and 13 of the Labor Law, workers shall not be discriminated against because of their nationality, race, sex and religious beliefs, and women shall enjoy equal employment rights with men. 20 18 the Supreme People's Court added "equal employment rights disputes" in the Notice of the Supreme People's Court on Strengthening Civil Litigation. Workers who are discriminated against in employment can bring a lawsuit to the people's court to safeguard their rights.
Zhao, deputy director of Beijing Tzu Chi Lin Law Firm, said that according to the Employment Promotion Law, workers should enjoy equal employment rights, and more employment discrimination is prohibited by law, such as not discriminating against disabled people, not refusing to hire carriers of infectious diseases, and not setting discriminatory restrictions on rural workers. Under the background of rapid social development, the provisions on equal employment 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. 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, provide vocational training for employees, but also actively use technical means to solve the obstacles to employees' career development. For the government, in addition to improving the anti-employment discrimination system, it should also strengthen and improve the active employment promotion policy. Guide employers to stop setting discriminatory employment barriers through vocational training and social security subsidies.
Wang Xianyong, a professor at the School of Civil and Commercial Economics of China University of Political Science and Law, also believes that the administrative law enforcement mechanism in the legal system of employment discrimination and anti-employment discrimination should take into account both public interests and private interests, and undertake two important responsibilities: safeguarding social public interests through administrative law enforcement; Realize equal employment rights through administrative intervention and safeguard the interests of collective workers. He believes that China should incorporate the existence of employment discrimination into the labor security supervision regulations.