就业性别歧视影响性诉讼的文本分析

Textual Analysis of Litigation with Impacts on the Gender Discrimination in Employment

对8起就业性别歧视影响性诉讼做文本分析,发现司法在维护女性平等就业权方面取得了显著成果。法官在审理中的困惑折射出司法对立法完善性别平等法制的迫切需求:变碎片化条款为法典,改宣示性口号为可操作的机制,弥补就业性别歧视定义及认定标准等缺失,对法律法规的性别影响进行评估并废止制度性歧视以消除司法障碍,增加违法成本并增设暂行特别措施。

Based on the analysis of the judgment of eight lawsuits related to gender discrimination in employment,the article finds that judiciary has made remarkable achievements in safeguarding women's equal employment rights.The confusion faced with judges in their trial reflects an urgent need for legislative departments to improve legal institutions concerning gender equality and write fragmented legal specifications into codes.In addition,efforts should be made to transform demonstration slogans into manageable institutions,offset the deficiency of an definition of employment-oriented gender discrimination and necessary standards to hear relevant cases.Through an assessment of gender equality embodied in laws and regulations,we can find and abolish institutional discrimination to eliminate judicial barriers,increase the cost of breaking laws,and introduce interim special measures.