首例就业机会性别歧视案折射的立法缺失

Lack of Legislation Reflected in the First Legal Case of Gender-based Employment Discrimination

首例就业机会性别歧视案具有里程碑意义。其中立案难的症结发人深省,调解结案的无奈源于法律依据不足。亟待学术界通过个案解剖发现在案由、处理体制、劳动监察、认定标准和民事赔偿等方面的诸多缺失并致力于弥补。

The first legal case of gender-based employment discrimination is significance as it is unprecedented. The difficulties, however, for it to be accepted by the court are thought-provoking as the reason for the closure of mediation was that there was not enough legal evidence. There requires an urgent effort on the part of academia to examine this case, its cause, the processing system, labor inspection, standards of recognition and civil compensation so as to develop strategies to addressing the absence of due legislation.