Non-985 university graduates are not recruited, female job seekers are coldly treated, and they have been rejected for job applications for people in areas with high epidemics——

　　[Overview of Legal Issues in the Employment Recruitment Season②] How to solve the problem of employment discrimination

The Xi'an Federation of Trade Unions helps college graduates find jobs. Photo by Liu Qiang

　　Reading tips

　　"Sorry, we only need boys this year."

　　"Your school is not double first-rate, and it does not meet the requirements for this recruitment."

　　The reporter found that some employers discriminated against workers when recruiting. Discrimination forms are mainly manifested as unequal employment opportunities and unequal recruitment standards; employment benefits are different for the same work; different labor safety and health conditions are provided for different workers. Regarding employment discrimination, my country’s laws have clear prohibitions. When workers encounter employment discrimination, they can protect their legitimate rights and interests in accordance with the law.

　　A few days ago, Xiao Zhang, a 2020 master graduate, was told to terminate the employment agreement due to “part-time postgraduate status does not meet the recruitment requirements” after passing the review, interview and other links and signing the employment agreement. This matter has aroused people’s enthusiasm as soon as it was reported. Discussion.

　　"Sorry, we only accept 985 resumes", "We don't hire people from certain areas", "We don't hire women"... The reporter's interview and survey found that in the process of job hunting, education, location, gender, and even appearance may become Reasons for discrimination.

　　Who is discriminated against in the employment process

　　Zhang Yu, who works in the media in Beijing, mentioned an employment experience two years ago and still "broken." In 2018, Zhang Yu, who graduated with a master's degree, applied for a business unit. From the resume, written examination to three rounds of interviews, all the way to the end, the interviewer said to her because the women previously recruited had to take maternity leave. Sorry, we only need boys this year."

　　Shenshen, who graduated with a master's degree this year, is looking for employment opportunities for middle school teachers. She said that many schools require applicants to have a bachelor degree of 985, 211, or double top schools. Shenshen’s latest resume delivery system showed: "Your school is not a double first-class, and it does not meet this recruitment."

　　Haiyan, a doctoral student in history who also graduated this year, chose to join a scientific research institution during the fall recruitment period last December. In her opinion, many private companies have stricter requirements on the gender and age of candidates. For PhD students, those who are eventually hired are relatively better than those with a bachelor degree. "Whether from 985 or 211 schools can only show the advantages of academic performance, but evaluation of a person should also be considered comprehensively." She said.

　　In 2018, the Yishengxian platform rejected a job applicant because of its identity as a local in Beijing, and issued an apology statement after it caused anger from netizens. During the resumption of work and production this year, they were discriminated against because they came from areas with severe epidemics. Some Hubei workers who came to apply for jobs had set too high "thresholds" and restrictive requirements, or made Hubei nationals on the grounds of full recruitment. It's hard to find a job for a worker.

　　According to Zhao Liangshan, a senior partner of Shaanxi Hengda Law Firm, the forms of discrimination are: unequal application opportunities, unequal recruitment standards; employment benefits but different pay for the same work; different labor safety and health conditions for different workers.

　　Is discriminated against, can you defend your rights?

　　In December 2013, Cao Ju (pseudonym), a female college student of Shanxi nationality, sued Beijing Giant Global Education Technology Co., Ltd. (hereinafter referred to as Giant School) in a court trial that emphasized that "male only" was an employment discrimination case. In the end, the two parties voluntarily reached a settlement. The Giant School gave Cao Ju 30,000 yuan as a special fund for equal employment for women. This is the first lawsuit filed in the court on the grounds of "protecting the legal rights and interests of women" five years after the "Employment Promotion Law" was promulgated and effective, and it is also called the first case of gender discrimination in employment by the media.

　　Coincidentally, in November 2014, Xiao Guo, a recent female college student, applied for a secretarial position in a culinary school, but was rejected by the other party on the grounds that the position was “restricted to men”. Then she filed a lawsuit with the People's Court of Xihu District, Hangzhou City. The court found that the cooking school violated Xiaoguo's right to equal employment, imposed gender discrimination on the plaintiff, and sentenced the cooking school to compensate Xiaoguo for mental damages of 2,000 yuan. This case once ranked first among the top ten typical labor violation cases in my country in 2014 announced by the All-China Federation of Trade Unions.

　　"The Employment Promotion Law stipulates that workers shall enjoy equal employment and independent employment rights in accordance with the law, and shall not be discriminated against due to differences in ethnicity, race, gender, religious belief, etc." Zhao Liangshan told reporters, in addition, the Supreme People's Court issued the " The Supreme People’s Court’s Notice on Increasing the Causes of Civil Cases has added “equal employment rights disputes”. Anyone who encounters employment discrimination can file a lawsuit in the people’s court to protect their rights.

　　What are the consequences if the employer violates the relevant regulations? Zhao Liangshan said that if employers and human resources service agencies publish recruitment information that contains gender-discriminatory content, they must be ordered to make corrections in accordance with the law, and those who refuse to make corrections shall be fined 10,000 yuan up to 50,000 yuan. Human resources service agencies with serious circumstances will revoke their human resources service licenses.

　　The reporter noted that in the past two years, my country has paid more and more attention to promoting employment equality. In February 2019, 9 departments including the Ministry of Human Resources and Social Security issued the "Notice on Further Regulating Recruitment Behaviors to Promote Women's Employment", requiring that in the recruitment process, women should not be restricted from seeking employment on the grounds of gender, and restrictions on childbirth should not be used as a condition for employment. In April of this year, the Legal Work Committee of the Standing Committee of the National People's Congress clearly requested that behaviors such as refusing to recruit workers in severely affected areas be investigated and corrected in accordance with the law. At the National Two Sessions this year, the elimination of gender discrimination in employment and the inclusion of anti-employment discrimination into the scope of public interest litigation by procuratorial committees attracted the attention of delegates.

　　Why does employment discrimination continue to be banned

　　A reporter searched the China Judgment Documents website using "employment discrimination" as the keyword and found that there were 152 relevant judgments and rulings from 2010 to 2020 in the year of judgment, and less than half of them were based on employment discrimination.

　　Zhang Yu said that although the employer’s gender discrimination in the recruitment process made him angry, he never thought about protecting his rights. “At that time, I only thought about this kind of unit and didn’t go, so I had to hurry up to cast another one.” And Zhang Yuyou There are many people with the same idea. An Qi from Shenyang told reporters that a female friend of hers was rejected when she was applying for a job because she was 30-year-old married and not having a child, but "when friends chatted together, they felt that the employer's approach was understandable."

　　Zhao Liangshan believes that in the actual process, job seekers would choose to find another company after being discriminated against in one company. At the same time, job seekers worried that the prosecution would leave a record, which would be detrimental to future employment. In order to reduce troubles and calm people, they decided not to prosecute. Therefore, in judicial practice, job seekers seldom choose litigation to defend their rights.

　　In addition, as to why employment discrimination is not uncommon, Cao Rong, a researcher at the Labor Relations and Trade Union Research Center of the China Institute of Labor Relations, said that the current employment situation in China is still severe, and some jobs are in short supply, which puts employers in an advantageous position. Costs, shorten the process, and hope to recruit effective employees as soon as possible in the recruitment process.

　　Zhao Liangshan believes that another important reason is that the illegal cost of illegal units is lower. He suggested that in order to promote equal employment, laws and regulations should be further improved, and punishments should be increased, thereby increasing the cost of illegally discriminating against employees.

　　Tang Shu