Behind "Pregnant women cannot get chest X-ray but not admitted": Zeng took the risk to ask the hospital for another X-ray but was rejected
When receiving the call, Zou Xiaolin (pseudonym) felt that "the sky is falling."
The other party said that because she was a pregnant woman, she could not get a chest X-ray, which resulted in missing items in the physical examination and the teacher was not admitted.
Zou Xiaolin, who was five months pregnant at the time, originally thought that when she reported to the new school, she and her husband could end their "weekend couple" life.
More importantly, when the child is born, "the family can be together", she is also more convenient to take care of and educate the child.
"I made up my mind to pass the exam." To prepare for the exam, Zou Xiaolin "worked harder than he did for the college entrance examination."
In the end, Zou Xiaolin ranked first among candidates for the position he applied for and was notified of the physical examination.
During the physical examination, the hospital staff said that pregnant women cannot do chest X-rays, as long as the examination results that prove pregnancy are included in the physical examination.
Because I heard that many places recruit teachers and special post teachers, pregnant women are not affected, so she doesn't care too much.
"After receiving the (not admitted) notice, I cried." Zou Xiaolin went to the hospital to beg for another chest X-ray. He went to the Bureau of Culture, Education, Sports and Health to question the leaders and reported to the mayor’s hotline, the Women’s Federation and other departments, but no results.
In August 2020, "Pregnant women who were unable to undergo chest X-ray and were rejected" aroused concern after surging news reports.
In November, Zou Xiaolin went to the Yuanyang County Court to sue the Human Resources and Social Security Bureau and the Bureau of Culture, Education, Sports and Health in the Pingyuan Demonstration Zone, requesting to revoke the decision not to be hired.
The case will go to court tomorrow (December 11).
"I'm just asking for an argument." Zou Xiaolin said.
The good life "becomes a bubble"
"(Applying for exams and recruiting teachers) the biggest motivation is children." Zou Xiaolin told The Paper.
Zou Xiaolin, 31, has his parents living in the Pingyuan Demonstration Zone of Xinxiang City, and his husband is in the urban area of Xinxiang City.
At the end of 2014, she was admitted to a primary school in Yuanyang County, Xinxiang City to teach.
Because her husband works in Zhengzhou City, the two of them "off-site" on weekdays, and each is busy.
On the weekend, I went to live with Zou Xiaolin's parents, who are closer to them.
On June 6, 2019, the Bureau of Human Resources and Social Affairs and the Bureau of Culture, Education, Sports and Health of the Pingyuan Demonstration Zone issued the "Announcement on the Second Open Recruitment of Primary and Secondary Kindergarten Teachers in 2019". At that time, Zou Xiaolin, who was three months pregnant, signed up.
The Plain Demonstration Zone is located on the north bank of the Yellow River, close to the Zhengzhou metropolitan area. It is an important node for seamless connection between Xinxiang and Zhengzhou, and is also a bridgehead for Zhengzhou's economic development to the north.
"Plain Demonstration Zone is a new area, and the conditions are relatively good in all aspects. After pregnancy, I want to come back for the exam and stay closer to my parents. A family can also be together to facilitate the care and education of children." Zou Xiaolin said.
A few months ago (February 2019), the Pingyuan Demonstration Zone recruited teachers. At that time, Zou Xiaolin, who was not pregnant, also applied for the exam. He did not pass the exam due to insufficient preparation.
"This time, I think I must be admitted for the sake of a better life in the future. Xiaolin Zou said that when she was recruiting teachers at the end of 2014, there were also pregnant women among the candidates who were given special care and did not undergo chest X-ray." It was found that in the recruitment of special post teachers, pregnant women were also admitted.
I think it’s impossible to discriminate against pregnant women in the Plain Demonstration Area, right?
"
It happened to be the summer vacation before the exam. Like a student, Zou Xiaolin started to endorse at 7 or 8 every day, sometimes reading at night until early morning.
"Except for meals, almost all of them are studying." In the end, in the position he reported, Zou Xiaolin won the first overall score (second in the written examination and first in the interview) and entered the physical examination.
Zou Xiaolin and his family celebrated.
The elementary school she applied for is only a 20-minute drive from her parents' home and 30 kilometers away from Zhengzhou city.
She plans to make a new home near the new school.
There are five other pregnant women who entered the physical examination as well as Zou Xiaolin.
Zou Xiaolin recalled that during the physical examination, the front desk staff of the hospital said that pregnant women could not have a chest X-ray, and they asked what to do. The other party said that as long as the examination results proving pregnancy were included in the physical examination, it was enough.
They also asked the teacher in charge whether not doing a chest X-ray would affect the admission. The other party did not say that it would not affect it, but just smiled and said that they don't know.
A few days after the physical examination, Zou Xiaolin received a notice that "the missing items in the physical examination were not hired."
"I think the sky is falling, how can this be done?" Zou Xiaolin said. Originally, she thought she was very lucky, but suddenly all her imaginations "have fallen into nothing".
Zeng risked asking the hospital for another chest X-ray and was refused
Today, the child is 1 year old, and Zou Xiaolin is still working in the original school.
Unlike before, she travels between her parents' home and school every day.
"Because of the physical examination, I am really not reconciled." Zou Xiaolin said that after giving birth, he was busy with family and work, but every time he mentioned this matter, he still felt angry.
"This is discrimination against pregnant women." She said.
After receiving the non-hiring notice in August 2019, Zou Xiaolin immediately called the call on the recruitment announcement, but no one answered.
Later, she rushed to the hospital twice, begging for a chest X-ray, but was refused.
Because of regulations, breast x-rays cannot be performed on pregnant women.
For the second time, Zou Xiaolin even said that he can write a letter of commitment, if the child has a problem, it has nothing to do with the hospital.
"At that time, there was really no way." Zou Xiaolin said, the fetus was 5 months old, thinking about putting a lead garment around the belly, the risk would be lower.
"Children and work are very important to me." Zou Xiaolin said, this kind of recruitment was not many, and the competition for the positions she applied for was almost 15 to 6 to 1.
In recent years, there are a lot of graduates and the competition is getting bigger and bigger.
In addition, recruiting teachers also have requirements for age. The older you are, the fewer opportunities you have.
In the hospital, Zou Xiaolin met a pregnant woman who had an early C-section for a chest X-ray.
"Because it was a cesarean section and there were wounds, she walked crookedly, moving forward little by little." Zou Xiaolin recalled.
Zou Xiaolin and another pregnant woman went to the Bureau of Culture, Education and Health in the Pingyuan Demonstration Zone to question the leaders.
"We said that we were just pregnant, not that we could not move, and that it would not affect class. We just said that we took maternity leave. We take it now, but we will not take it. Teachers who are not pregnant now will not be pregnant in the future? They don't listen. ."
Zou Xiaolin said that at that time, the leader inadvertently mentioned that the previous batch of recruiting too many pregnant women led to the optimization of the plan this time.
"If you optimize your plan, you should explain it when you make an announcement!" Zou Xiaolin said.
Zou Xiaolin and other pregnant women called the mayor’s hotline, and later received a reply from the Pingyuan Demonstration Area, stating that they were missing items in the physical examination.
The Women's Federation replied that the negotiations were made, but the work was not done.
In the WeChat group established by the leading teacher, teachers who participated in the physical examination constantly said that they had received notice of registration.
Someone asked why a pregnant woman got on duty, the group was fried and the administrator disbanded the group.
"It is equivalent to shielding us and let us know nothing." Zou Xiaolin said. At that time, she felt that there was really no hope, "very desperate."
"I think it is still possible to win the case"
In August 2020, The Paper reported that “pregnant women could not be admitted for chest X-ray”, which caused heated discussions in the society.
Pregnant woman Xiao Zhang said that he had already given up and suddenly saw hope.
But what she did not expect was that the relevant departments of the Plain Demonstration Zone did not change their decision.
"If you don't recruit pregnant women, you should make it clear that we waste time preparing for the exam, and the medical examination fee is wasted." Xiao Zhang said.
"I just want to discuss an argument." Zou Xiaolin said.
In November 2020, she went to the Yuanyang County Court to file a lawsuit against the Bureau of Human Resources and Social Affairs and the Bureau of Culture, Education, Sports, and Health of the Pingyuan Demonstration Zone, requesting that the decision not to be hired be revoked and the decision to hire according to law should be made.
"Someone told me, don’t tell me anymore, saying that it’s not good for me or my current job. I mean, I pursue fair treatment. As long as I give me a reasonable statement, the withdrawal of the case is affirmative. If not, I am sure The lawsuit cannot be withdrawn."
The Paper noted that the “Announcement of the Second Batch of Public Recruitment of Kindergarten Teachers in Primary and Secondary Schools in 2019” issued by the Bureau of Human Resources and Social Affairs and the Bureau of Culture, Education, Sports and Health of the Pingyuan Demonstration Zone pointed out that the physical examination is in accordance with the “Physical Examination Standards for Teacher Qualification Applicants in Henan Province (revised in 2017). )》Implementation, at own expense
The Paper inquired that the regulations did not clarify the medical examination of pregnant women.
After the examination results came out, on August 5, 2019, the Bureau of Human Resources and Social Affairs and the Bureau of Culture, Education, Sports and Health of the Pingyuan Demonstration Zone issued the "The Second Batch of Public Recruitment of Primary and Secondary Kindergarten Teachers in 2019", which mentioned that "the physical examination refers to the recruitment of civil servants. Relevant standards and regulations are carried out".
Zou Xiaolin’s lawyer Wang Hui pointed out that although the same type of cases are rare, they found that in July 2019, the Hubei Provincial Department of Human Resources and Social Security had issued the "Publication of the Suspended Admission of Candidates Comrade Zou Moujie" According to the relevant provisions of the "Response Letter on Issues Related to Pregnancy Candidates Participating in Physical Examinations", the department's recruitment of civil servant Zou Moujie in 2018 was postponed to participate in some physical examination items due to pregnancy, and the hospital suspends the conclusion of the physical examination and suspends recruitment.
The physical examination and inspection have been completed, and it is planned to be hired as the staff of the department in accordance with the Civil Service Law to manage public institutions.
Zhong Lan'an, Zou Xiaolin's attorney, pointed out that the relevant administrative departments of the Pingyuan Demonstration Zone refused to hire with the missing items in the physical examination, which violated Zou Xiaolin's right to equal employment and was an administrative violation.
The administrative agency should protect the legitimate rights and interests of women, not discriminate.
"Through communicating with the lawyer, I think it is still possible to win the case." Zou Xiaolin said.
She didn't think about the future, "I will teach it honestly."
Expert: Refuse to hire directly, it is too rough
According to a previous report by The Paper, the staff of the Bureau of Culture, Education, Sports and Health in the Plain Demonstration Zone once stated that the inability to do chest X-ray examination during pregnancy will indeed affect the results of the physical examination, and eventually will not be hired due to missing items in the physical examination.
The staff of the Physical Examination Center of the Third Affiliated Hospital of Xinxiang Medical College, which provides physical examinations, said that chest X-ray is not recommended for pregnant women, and there is no other examination method that can replace chest X-ray.
“Situations like Zou Xiaolin are relatively rare and have not been encountered before.” On December 10, Guo Jing, the initiator of the 074 Workplace Women’s Legal Hotline, said to The Paper that discriminating against pregnant women violated the Women’s Rights Protection Law.
The 074 legal hotline for women in the workplace was launched in November 2017 and is committed to eliminating gender discrimination in employment.
Between November 2017 and December 2019, the 074 hotline received 103 inquiries.
Among them, pregnancy discrimination accounts for 47%.
Pregnancy discrimination refers to the various different treatments, exclusions and restrictions that women receive due to childbirth in the workplace.
Among all counseling about pregnancy discrimination, nearly 70% of counselors (69%) were dismissed, followed by job transfer (13%) and wage deduction/reduction (11%).
In addition to the obvious discriminatory behavior, some employers have achieved the purpose of dismissal in disguise by creating mental pressure on pregnant women.
Some units will encourage other employees to isolate pregnant employees.
Liu Minghui, a professor at the China Women's University School of Law, told The Paper that after my country fully liberalized the second child in 2016, the fertility rate did not rebound as much as expected.
In this context, society should pay more attention to protecting the rights and interests of pregnant women.
It believes that in this case, the setting of the physical examination items did not consider pregnant women and ignored the special period of women, which in itself discriminated against pregnant women.
"You can postpone the recruitment, you can try it out. But if you refuse to hire directly, it seems illegal and rude." Liu Minghui said.
In Liu Minghui's view, the teacher's job is not to carry big bags or go down to the mine. Generally, they can still work normally after pregnancy, and take leave a week before giving birth.
"As for maternity leave, it is the lawful rights and interests of pregnant women. Moreover, in reality, it is very common to go to work before the maternity leave is full. This can be negotiated. The pregnant woman can voluntarily give up her legal rights, but you can't forcefully deprive it, let alone directly Rejected."
Liu Minghui also pointed out that at present, the maternity leave policies vary from place to place, reaching up to one year, but the longer the period of maternity leave, the more likely it is to cause more serious employment discrimination.
This issue should be investigated.
"Another key issue is that in the Zou Xiaolin incident, the local people did not understand the country's major policies. Now that the aging is serious, you must protect pregnant women to encourage childbirth." Liu Minghui said.
(This article is from The Paper. For more original information, please download the "The Paper" APP)
The Paper Journalist Duan Yanchao