British Anti - Employment Discrimination Act-英文作业代写－r51due

英国essay论文精选范文：“British Anti - Employment Discrimination Act”，这篇论文讨论了英国反就业歧视制度法律。英国有关就业歧视的法律体系相当严密，走在欧盟国家反歧视立法的前列。但与美国不同，英国并未制定综合性的反就业歧视法，而是根据不同的禁止事由如性别、种族等分别立法。英国反歧视法律主要体现在成文法中，主要由雇佣法庭和法院的判例负责法律的解释。

The UK has a very tight legal system on discrimination in employment and is at the forefront of anti-discrimination legislation in EU countries. However, unlike the United States, the UK does not have a comprehensive anti-employment discrimination law. Instead, it legislates on the basis of different prohibitions such as gender, race, disability, age, religion and belief. Such as the Equal Pay Act of 1970, the Sex Discrimination Act of 1975, the Race Relations Act of 1976, and the Disability Discrimination Act of 1995. The UK's anti-employment discrimination legislation covers the whole process of employment, including employment access, vocational training, job promotion, working conditions and so on.

British anti-discrimination laws are mainly embodied in statute law, mainly by the employment court and the court's jurisprudence is responsible for legal interpretation. In the United Kingdom, anti-discrimination is an open system, the scope of its protection was expanding the trend, which is mainly reflected in the form of regulations through the continuous increase in the prohibition of discrimination in the subject.

The United Kingdom adopted a separate legislative form for the prohibited subject, corresponding to the different object set up three specialized agencies to protect the implementation of anti-discrimination law and implementation. Compared with the United States, the role of these administrative institutions in the UK is more obvious. They are the Equal Opportunities Commission, established under the Sex Discrimination Act 1975, the Race Equality Commission established under the Race Relations Act 1976, and the Committee on the Rights of Persons with Disabilities under the Disability Discrimination Act 1995. These three specialized agencies have essentially the same powers: they have the authority to conduct formal investigations of their employers and can issue legally binding "non-discrimination notices" before the courts; they can file civil actions against employers as in the US EEOC. The EOC and CRE may also publish a Code of Conduct with the force of evidence. As a result, the British administration has played a greater role in opposing employment discrimination and promoting employment equality. In dealing with anti-discrimination, they operate independently of each other, but too scattered, there will be inconsistencies and inconsistencies. Thus, in October 2007, a unified anti-discrimination body, the Equality and Human Rights Commission, was proclaimed. It inherits all the responsibilities of the three institutions and has all the powers of the three institutions. Its duty is not only to eliminate discrimination, but more importantly to promote the realization of the right to equality.

In particular, according to the Employment Tribunal Act of 1996, the United Kingdom has created special employment courts and employment appeals courts, where victims can file legal proceedings with the Employment Tribunal when they are unable to obtain relief from the executive branch.

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The so-called household discrimination refers to the cities for rural hukou and foreign employment personnel to take some unfair policies and treatment.

Many organizations require harsh age requirements for recruiting, such as the common female under the age of 26, men under the age of 35, or to develop a variety of policies to reach a certain age employees forced to leave or retire. Age factors also affect the promotion, treatment, and many units directly to the age to exclude the promotion opportunities.

Although both labor and the Constitution explicitly provide for equality between men and women and prohibit discrimination against women, China has also acceded to the World Labor Organization Convention on Equal Remuneration for Men and Women for Work of Equal Pay for Work of Equal Remuneration. However, there are serious discrimination against women in the real employment field. Many units when recruiting explicitly provides as long as male or male priority. Some of the surface is not limited, in fact, men and women job seekers to take a different standard, even in the female breastfeeding phase of the reduction of wages, treatment. At the same time there are men and women in the occupation, income, treatment differences, co-workers of different pay, promotion of unequal opportunities.

Height discrimination in China is similar to obesity discrimination in the United States, but the degree of discrimination is more serious and open. Some job advertisements often appear such as female height 160 cm or more, male height 170 cm or more, a large number of competent persons only because of height discrimination and was excluded.

According to the situation of our country, China's anti-employment discrimination legislation can be considered in two ways: one is to develop special laws, namely the development of anti-employment discrimination law that a single line of law to make comprehensive and systematic regulation of employment discrimination; First of all, the State Council enacted a separate statute for a certain type of discrimination, from easy to difficult, step by step, when the time is ripe to develop a unified anti-employment discrimination law. At present, China can be against the prevalence of gender discrimination in the first anti-sex discrimination law.

When formulating relevant laws, not only should there be direct discrimination, but indirect discrimination and harassment in the workplace. The types of discrimination should be supplemented, for example, by adding age-old discrimination to the norms of discrimination in employment, and by combating health discrimination with household registration and identity discrimination.

In the allocation of the burden of proof in litigation, due to the weak position of workers, China can refer to the transfer of responsibility of the United States, so that the plaintiff only need to prove the existence of discriminatory treatment, the defendant to prove his behavior for other legitimate reasons or professional real needs. Direct discrimination is very serious in our country very clearly the price of employers in the recruitment of all kinds of restrictions, according to this system of proof, the victim can directly prove that they are eligible to apply for the job has been excluded or not hired. The Anti-Employment Discrimination Act of China should also provide for legal reasons and defenses that are not discriminatory. It is unreasonable and impractical to impose a comprehensive ban on all discriminatory treatment irrespective of the actual situation in employment. A legitimate cause, such as a true American professional qualification and a positive action program, should be established to balance the interests of employers and job seekers.

According to China's situation, we can consider the establishment of similar institutions, and give them the prevention of employment discrimination and resolution of employment discrimination disputes, such as the review of the employer recruitment advertisements, recruitment requirements and recruitment procedures, accept job seekers complaints, Providing legal advice to those who need it, providing legal aid to those in need, regular publicity and education on laws against discrimination in employment, raising the legal awareness of employees and self-protection awareness and ability. In order to reduce the burden on the court, save the cost of justice, the agency can also investigate and mediate complaints, mediation difficult to resolve the dispute can represent or help the party to the party to the lawsuit of discrimination. In addition, the agency can also research targeted to understand the realities of employment discrimination and its development and changes in the prevention and reduction of employment discrimination and effective measures for the way for government departments and other relevant departments to provide reference for anti-discrimination in employment And assistance.

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