| 英文摘要 |
Sex discrimination in employment violates both citizens’ equality rights and labor rights, and is the most important aspect of the employment discrimination system in each country. The mainland China’s sex-based employment discrimination system consists of labor law and law on the protection of the rights and interests of special groups, and its actual legal structure is basically in line with international standards, featuring abundant protection measures, complete protection stages, and quasi-judicial and judicial relief. Judicial practice has shown that the system has failed because the burden of proof is too heavy for employees, the legal liability for employers is too light, and the concept of sex discrimination is too narrow. In order to fully realize citizens’ equal employment rights, the system’s dilemma can be resolved by extending the concept of sex discrimination, establishing a mechanism for transferring the burden of proof, increasing the legal liability for employers, and facilitating administrative relief channels, with appropriate reference to overseas experience. |
