现代大学生就业性别歧视现象的法律探讨——以社会性别理论为依据

Phenomenon of Sex Discrimination in Employment of Current College Students——Based on the Theory of Social Sex

社会性别理论是一种全新的审视法律及公共政策合理性、正义性的理论标准。社会性别理论使原本看上去正义的法律,经过性别分析就可能暴露出一些不正义、不公平的问题。大学生就业性别歧视问题深受社会各界关注,性别意识和性别角度应是我们解决大学生就业性别歧视问题的关键方法。法律、公共政策的制定者应以社会性别理论为依据,重新审视现有就业法律及政策,在制定和修改时应溶入社会性别意识。作为高校,在进行就业指导时,也同样应有性别意识,应针对女大学生进行专门的就业指导。只有这样,才能为大学生的顺利就业创造一个公平、公正、良性的外部环境,达到社会劳动力资源的合理配置,实现高校人才培养目标的要求。

The theory of social sex is a completely new criterion for examining the justice and rationality of legislation and public policy. Original just legislations, if examined by the theory of social sex, might expose some unjustice and unfairness. The problem of sex discrimination for college students in employment has got wide social attention, and I believe that sex consciousness and sex angle should be the key method to resolve it. Those who formulate the legislations and policies should re-examine and go by the theory of social sex to reformulate or amend them by social sex conciousness. As for colleges, they should take the social sex conciousness as basis when they carry out employment guidance, and organize professional employment guidance in accordance with the special characteristics of female college students, ant then a just, fair, and fine employment environment could be built for college students, which is not only good for compoundation of social labour resources, but also for the target of college talents training.