试论就业歧视及其法律规制

On Employment Discrimination and Its Law constraint

就业过程中的不平等待遇引起的就业歧视严重妨碍了劳动者平等就业机会的实现。我国当前用工实践中存在的就业歧视现象大多表现为非法律禁止的种类,反映出现行有关消除就业歧视方面的立法存在着局限性。保障劳动者平等就业机会的实现,应通过借鉴发达国家反就业歧视的立法经验,建立和完善适合我国国情的反就业歧视法律制度。

The discrimination which is caused by the inequality in the employment seriously hinder the realization of equal employment opportunities. Now, the discrimination phenomenon which is found out in the practice. Mostly displays the category which is not forbidden by law and reflect the existing limitation of lawmaking of current relevant employment discrimination. If we to guarantee the equal employment opportunities, we should introduce lawmaking experience of anti - employment discrimination in developed countries. We should establish and improve the law system of anti - employment discrimination, which suits the situation of our country.