[Crack workplace discrimination and promote equal employment 1] The "dark discrimination" behind refusal to hire during the start-up season
Invisible and intangible prejudice, which makes job seekers deeply troubled but suffering
Editor's note
This year's government work report clearly stated for the first time that "resolutely preventing and correcting gender, age and other employment discrimination, and focusing on solving outstanding problems that infringe upon the legitimate rights and interests of workers".
From the "35-year-old threshold" to the proposal to introduce the "anti-discrimination employment law" as soon as possible, the topic of eliminating workplace discrimination has become a hot topic during the National People's Congress this year, and labor disputes caused by employment discrimination have also appeared in the media from time to time.
Article 12 of my country's Labor Law stipulates that workers shall not be discriminated against in employment because of their ethnicity, race, gender, or religious belief.
The Employment Promotion Law also has a special chapter emphasizing the prohibition of employment discrimination and the creation of a fair employment environment.
The relevant functional departments of the state have issued documents many times, requiring employers not to set restrictive conditions such as ethnicity, gender, age, and household registration.
Why is employment discrimination repeated?
Do workers dare to defend their rights when they encounter employment discrimination?
Do you know how to properly defend your rights?
What kind of punishment should an employer receive for violating the provisions of employment discrimination?
Employment is the biggest livelihood of the people, and enterprises are the main body of the market. While strengthening the supervision and guidance of enterprises, how to make the market main body have vitality and rush?
From now on, this edition will launch a series of reports on "Cracking Workplace Discrimination and Promoting Equal Employment".
Starting from the phenomenon, analyze the reasons for the existence of employment discrimination, remind workers how to protect their rights and interests when encountering employment discrimination, invite legal experts and scholars to analyze typical cases, and discuss how to prevent, Correct the chaos of employment discrimination and allow workers to have a more equal employment environment.
Full-time graduates have more advantages than part-time graduates. They have a good image and good temperament and are more likely to obtain opportunities. The difference between men and women, whether they are married or not, still determine the employment preference, and age is still an important watershed for selection... Now, it is the "golden period". During the peak period of job hunting and the golden period of recruitment, the reporter of "Workers Daily" found through interviews that the pattern of employment discrimination that is discriminated against workers according to their gender, age, appearance, education, marriage and childbearing status has reappeared, and it is more secretive. form exists.
During the start-up season, "Dark Discrimination" is invisible. These invisible and intangible "prejudice" make job seekers deeply troubled but suffering.
The "word game" in job postings
"I ask, it is clearly stated in the recruitment that 'this position needs to work night shifts, travel to other places, the conditions are more difficult, and there are more emergency work', how much chance do women have to win?" The reporter found in the interview that such an online post caused netizens In our thread discussions, some people think that "this is just a statement of the actual situation of the work, don't think about it", and some people think that "this kind of position clearly shows that there is a gender orientation, and it is male or female." Netizens said frankly, "This is actually a piece of information that has been tailored to prevent discrimination. For a long time, its complete original text ends with 'suitable for men'. If the opposite sex is chosen in the end, male The chances of 'going ashore' are definitely greater".
In recent years, in order to protect the fair employment rights and interests of workers, relevant departments have repeatedly emphasized that it is strictly forbidden to publish recruitment information with limited content.
In 2019, nine departments in Sichuan jointly issued a document to focus on cleaning up recruitment information (including online information) released by public employment talent service agencies and universities to ensure that it does not contain gender-discriminatory content.
The reporter learned that administrative measures such as these have indeed achieved certain results, but those prejudices that were forcibly concealed have not really disappeared. Many job seekers lamented that the recruitment information seems to be "widely recruiting talents", but in fact it is for the purpose of Risk-averse "word games".
"It seems to be in line with the needs of the employer, but I always feel that there is an invisible threshold..." Li Liying once had 6 years of accounting experience. After pregnancy, in order to give her children better company, She interrupted her job for 3 years to take care of the baby full-time. Due to her strong professional foundation, she never stopped studying during this period. She was full of confidence when she returned to the workplace to look for a job opportunity, and never wanted to run into obstacles along the way. Opportunity, the interviewer is most concerned about the actual situation of my family, and in the end there is no following."
"A thousand reasons" for rejection
"When a full-time mother returns to the workplace, the employer will consider many practical factors, and the choice will be very cautious."
He Fang (pseudonym) has been working in a human resource management service company for 10 years. At present, her department is serving more than 400 companies and managing the labor relations of more than 20,000 people.
In her view, Li Liying's predicament is just a routine operation in their industry. "There are so many fresh graduates with strong plasticity and few family ties every year. With the same employment cost, the company will definitely make the best choice."
Employment discrimination has been opposed by the public, and the gradual improvement of laws and regulations has also made more and more enterprises fearful.
He Fang said that the external recruitment information is only for the requirements of the job function, and when the company formulates the recruitment plan, it will also propose to them the criteria for selecting and employing people, for example, it must be the source of students from 985 and 211 colleges and universities, and does not consider it. Women who plan to marry and have children in the near future will even have special restrictions on their height and physical appearance. These are the real "rulers" in the hands of recruiters, but in order to avoid risks, most of the time they will not be brought to the table. .
In 2008, in the first year of the implementation of the Employment Promotion Law, the first complaint involving employment discrimination appeared in the reporting and complaint window of the Sichuan Labor Security Network.
A fresh university graduate in Chengdu passed the written test and interview of the company, and was told after the physical examination that he was not admitted because of the "big three yang" of hepatitis B.
The graduate later successfully defended his rights with the help of the provincial labor inspection team and successfully entered the job.
More than ten years later, the reporter visited relevant departments and found that it is almost difficult to find any clues about this kind of discrimination.
"If you reject a person, you can find 'one thousand reasons'." He Fang said that in actual recruitment, HBV carriers who are HBsAg positive are still the people most employers keep away from, but with lessons learned, employers They have also learned to be smart. Once they find such a situation during the entry medical examination, they will "create" safer reasons for rejection according to different positions.
"Can't see, can't touch"
my country's labor law and other laws stipulate that workers will not be discriminated against in employment based on their ethnicity, race, gender, or religious belief.
Functional departments have also issued documents many times, requiring employers not to set restrictive recruitment conditions such as ethnicity, gender, age, household registration, etc., but the reality is always unsatisfactory.
Recently, the campus recruitment fairs of various colleges and universities have been concentrated. The reporter found that in many applications, some people will always see that the number of males required for the recruitment positions of most enterprises is more than the number of females, and the conditions for males can be relaxed. , but it is very strict with girls; some people are out of the competition because of their height and appearance, although their academic performance and professional ability are on par with their competitors; The first degree is an important reference for job-seeking admission tickets... In short, the employment environment is harsh, and the bad things are different.
"They definitely didn't say, 'You are not tall enough to hire you', but the job is clearly matched, so why didn't they even accept my resume?" At a job fair being held in a human resources market in Chengdu, Sichuan, one A boy about 1.6 meters tall felt very helpless, "This kind of 'invisible and intangible' discrimination is really painful."
"Discrimination stems from prejudice, and prejudice is hidden in everyone's heart, behind which are very complex economic and sociological issues."
Wang Enhui, executive director of Sichuan Weixu Law Firm, has long been devoted to handling cases related to the protection of employees' rights and interests. He told reporters that since he started practicing in 2009, he has hardly handled a case related to employment discrimination, which means that few people have passed the law to deal with cases related to employment discrimination. Protect your rights.
"What if you know it's discrimination? The right to fight for equal employment is important, but it is the key that this year's more than 10 million fresh graduates can find a satisfactory job. If this company can't find another company, time is running out."
During the interview, more than one college graduate expressed such sentiments to the reporter.
Reporter: Li Na