欧盟与美国两性工作平等法制之比较

Legal System of Equal-Job Rights in EU and USA: Comparative Study

欧盟和美国在两性工作平等法制方面的立法都实行双重体制,在就业、报酬、晋升、工作条件、解雇等方面加强了对女性的立法保护,确立了同值同酬原则。但欧盟所制定的平等法制约束力不强,具有"软法"之称,常借助开发与援助项目来推动工作平等法制理念的实现。美国利用政府的公权力来推动两性平等法制的实现,力图克服女性就业过程中的"玻璃天花板现象",但其立法又限制了保护范围,显示出平等法制中的不平等。

Both EU and America execute the dual system in the lawmaking of equal gender job legal system to safeguard the lawmaking in women's employment, pay, promotion, working condition and discharge and finally establish the principles of like pay for like value. The legal system in European Union is known as soft law for its weak sanction and the government may often rely on some exploitation and rescue programmers to promote its actualization. In contrast, American government may often use its public power to help the equal gender job legal system come true and make great efforts to avoid a new phenomenon of glass ceiling in women's obtaining jobs, but the pity is that its lawmaking restricts its protection and thus shows its inequality in the equal legal system.