Dilemma and Solution for Relief in the Right to Equal Employment-From the Perspective of Rectifying Private Law with Social Law

At present,the legal remedies in terms of the right to equal employment in China are mainly related to private law,that is,laborers seek direct legal remedies for personality rights liability and infringement liability according to typical private law,supplemented by indirect remedies for labor contract liability under special private law.However,there are many challenges in private law remedies for the right to equal employment,which are manifested in the misunderstanding of the general tort identification of employment discrimination,the loopholes in the regulations on discriminatory employment,the imbalance in the burden of proof,and the limitation and alienation of the functions of civil liability and private law autonomy.The root of those problems lies in the fact that the nature of anti-employment discrimination law is not private law but social law.Equal employment involves both public and private interests,and it should be based on the public interest of society and adhere to the value orientation of prioritizing fairness while taking into account efficiency.Improving the legal relief mechanism for protecting the right to equal employment,with a focus on correcting private law with social law,is the solution to the dilemma.Specific measures include establishing the special tort liability system for equal employment,the legal mechanism against discriminatory labor contracts,the public-private integrated legal responsibility system,and an essentially fair system for the responsibility of adducing evidence.

Gender Discrimination and Female Human Rights Protection in China's Labor Market

As an important part of women’s human rights system, women’s labor right for the women as a group is of very important value and profound significance. The existence of gender discrimination in the labor market caused double losses of benefits and economic efficiency and the interaction with human capital investments. It seriously hinders the women’s equal enjoyment of labor rights, affects the rational use of female talent resources and leads to the idle and waste of human resources in society. Based on analyzing the harm caused by gender discrimination in the labor market from an economic point of view, this paper reveals the existing problems of China’s existing laws and regulations. In the end, some advisable recommendations are suggested to improve the women’s equal employment rights for China.

UNCOVERING:THE ECONOMIC BENEFITS OF LGBT WORKPLACE INCLUSION

Lesbian,gay,bisexual,and transgender(LGBT)people constitute approximately five percent of the population,but workplace discrimination based on sexual orientation and gender identity remains troublingly commonplace.This article summarizes a large and growing body of social science research demonstrating the economic benefits of LGBT inclusion(and the costs of LGBT exclusion)in the workplace.It concludes with recommendations for(1)future research,stressing the need for more China-specific studies,which would inform policymaking and theoretical understanding of diversity and inclusion practices on business performance,(2)improving employer LGBT-inclusion policies,and(3)strengthening state protection of the equal employment rights of LGBT people.