拒绝提供合理便利构成就业歧视的法理学分析

A Jurisprudential Analysis of the Employment Discrimination Caused by the Failure in Providing Reasonable Accommodation

在就业市场中,不为面临就业障碍的员工(如怀孕的女性、残疾人等)提供合理便利条件,日益被视为就业歧视的一种表现形式。从保护就业者平等就业权的角度出发,法律法规和相关就业政策明确规定企业负有为就业者提供合理便利条件的义务,就是确认就业者享有要求企业提供合理便利的权利。明确这一权利对就业者特别是对存在就业障碍的社会群体来说十分重要,这是保护他们平等就业权的有力武器。本文参照欧盟《就业框架指令》等域外法令的规定,对拒绝提供合理便利所构成的就业歧视作出了法理学的分析。

The failure to reasonably accommodate the employment-retarded workers like pregnant women or disabled people is increasingly perceived as a form of employment discrimination.In order to protect job applicants and the employees′ equal employment right,the relevant laws and regulations clearly stipulate that enterprises have the obligation to reasonably accommodate their employees,which is also a confirmation of this right.This confirmation as an efficient weapon for protecting their equal employment right is very important for job applicants and employees,especially for the employment-retarded workers.This paper makes a jurisprudential analysis of the employment discrimination caused by the failure in providing reasonable accommodation for such workers through a comparison with the extraterritorial laws such as 'Framework Employment Directive' of European Union.