我国制定《反就业歧视法》应当着重解决的问题

On Focal Issues in Enacting Anti-employment-discrimination Law in China

就业歧视问题日益严重促使我国决策层和学界达成如下共识:我国应当尽快制定一部统一的《反就业歧视法》。面对形形色色的就业歧视,现有反就业歧视立法几乎无能为力。不仅反就业歧视的实体法规定残缺不全,而且反就业歧视的程序法规定形同虚设。综观世界反就业歧视立法经验,我国即将制定的《反就业歧视法》应当着重解决如下基本问题:《反就业歧视法》的立法目的应体现多重价值;其适用范围应该包含事业单位劳动者和国家公务员;我国应采取科学合理的就业歧视定义模式;设立统一的反就业歧视的专门机构;设计反就业歧视的司法救济机制;建构就业歧视的法律责任制度。

Facing with the increasingly serious matter of employment discrimination,the decision-makers and the academic circles have reached the common opinion that it has been the best occasion for China to formulate a unified Anti-employment-discrimination Law.The coming into being of the Anti-employment-discrimination Law,which is the expert suggestion copy,is a very important phased result,meanwhile it has generated so many deep-seated questions from the field of anti-employment discrimination.Referring experiences of anti-employment legislation in other countries,the enaction of Anti-employment-discrimination Law in China should try to solve the following problems：the legislative purpose of Anti-employment-discrimination Law should embody various values;the objects of Anti-employment-discrimination Law should include the laborers in public institutions and the state public servants;adopt scientific and reasonable definition model for employment discrimination;set up a special organ for anti-employment discrimination;build a legal liability system on employment discrimination,etc.