我国城镇就业中的长相歧视研究

On the Appearance-based Discrimination in Employment of China

自然人长相的多元与差异是生物多样化的体现。对人体长相的喜爱、悦目与欣赏是人们爱美、求美与享受美的精神需要,但用人单位将自然人的长相作为提供职位的条件之一则混同了审美的个人心理需求与他人行使劳动权的宪法基本权利的社会活动的界限,将对人体美欣赏的精神需求作为提升企业形象的手段则混同了二者的区别。劳动者的长相不仅与履行岗位职责无直接的联系,而且也非劳动者完成岗位职责所必需,用人单位提供职位要求劳动者的长相条件不仅是不合理的,而且也是不必要的,在法律上构成就业中的长相歧视。禁止就业中的长相歧视需要在立法中明确禁止长相歧视的种类,这是国家为劳动者提供公平的就业机会、构建社会主义和谐劳动关系的法律保障。

The diversities and differences of human being＇s appearance are the representation of biological diversity, and it is a spiritual enjoyment for everybody to love, uphold and experience beauty. However, it is a confusion of the limits between the demand of individual＇ s aesthetic mentality and others＇ exercise of labor right a constitutional fundamental right. It＇s a fault for employers to take the employees＇ appearance as an employment requirement which is an intention to cater for people＇ s aesthetic appetite of human being＇ s appearance and as a mean to improve their corporate image. Employees＇ feature not only has nothing to do with their position responsibility directly, it is also not essential for employees to accomplish their position duties. Thus, it is unreasonable and unnecessary to list requirements of the appearance for many positions. In order to prohibit the employment discrimination, it is essential for us to make it clear of types of appearance - based discriminations in law. Only in this way, can our government and society provide employees an insurance of fair employment opportunities and establish a new socialist harmonious labor relation.