英国反就业性别歧视法律制度研究

Research on British Legislation against sex Discrimination in Employment

英国普通法并不禁止歧视行为,但随着英国加入各种国际组织及国内平权运动的高涨,在20世纪70年代后,英国对于禁止就业性别歧视制定了大量的法律,对于同工同酬、性骚扰、母性保护等进行了详尽和周密的规定。此外,这些法律还规定了直接歧视、间接歧视、骚扰和受害等四种歧视形态,禁止在雇佣关系中各个阶段的任何歧视。为了有效地防止就业歧视,英国依据《平等法》成立了人权与平等机会委员会,在应对就业歧视问题上扮演了重要角色。

British common law does not prohibit acts of discrimination. However, with the United Kingdom joining various international organizations and the rising of domestic equality movement since the 1970s, the U.K. has enacted a large number of laws to prohibit sex discrimination in employment, including detailed provisions on equal pay for equal work, sexual harassment, and maternity protection. In addition, these laws also provide for four different forms of discrimination, namely, direct discrimination, indirect discrimination, harassment and victimization, and prohibit any of these forms of discrimination at all stages of em- ployment. In order to effectively prevent discrimination in employment, the U. K. established the Human Rights and Equal Opportunities Commission in accordance with the Equality Act. The Commission plays an important role in tackling employment discrimination in British society.