Professor Xie Zengyi Calls for the Adoption of a Law against Discrimination in Employment in China

  2012

Recently Professor Xie Zengyi, a social law expert and the head of the Department of Research Administration and Foreign Affairs of CASS Law Institute called for the adoption a law against discrimination in employment in an interview by the newspaper Legal Daily. Professor Xie pointed out that, although China had made many progresses in anti-discrimination legislation and practice in recent years, equal employment right remains a right that exists only on paper and various kinds of discrimination in employment, such as those based on gender, age, pregnancy, household registration, even look, height and gene, are still widespread in China. Therefore, he suggested that now it is high time to carry out careful study on and adopt a law against discrimination in employment: “Adopting the law during the period of the Thirteenth Five-year Plan is not only conducive to protecting citizens’ employment right, but also an important measure for adapting to the economic “new normal” and promoting employment, as well as an necessary step for implementing the “Five Development Concepts” and the “Concept of Sharing” put forward by the CPC Central Committee. China should improve the existing legislation against discrimination in employment, establish age as a prohibited ground for discrimination, and improve the relevant judicial practice so as to strengthen the remedy for victims of discrimination. Meanwhile, the government should play a more active role in the fight against discrimination in employment. Currently China may consider establishing independent bodies under departments of human resource and social security to be responsible for carrying out inspection on the situation of prohibition against discrimination in employment and promotion of the right to equal employment.