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Who Encountered Employment Discrimination (I)
A new round of job-hunting war for graduates in 2007 has begun. According to a survey, in recent years, over 70% of job seekers have encountered employment discrimination. Among the complaints of many job seekers, these topics about employment discrimination have also become hot spots in media reports. A few days ago, the reporter visited some job fairs, collected the most common types of discrimination "samples" in the current job market, and explored the reasons with the parties and the personnel responsible for recruitment in related enterprises.
? Sexism "The position of female employees will be healthy with children"
Xiao He is a senior girl in a university in Beijing. Since October last year, she has been running around all kinds of job fairs and experienced all kinds of hardships in the process of job hunting. "Many units clearly say that they only want boys," Xiao He said angrily. "I don’t understand why many units don’t consider girls when recruiting clerks. Some government agencies actually claim that recruiting civil servants is limited to men."
In fact, more units do not put gender requirements on the bright side, but push girls out first in the process of eliminating competitors. Even women who are already employed are still "restricted". Ms. Lin is the manager of an advertising company in Beijing. Not long ago, she just went to work after taking maternity leave, and the unit informed her that she had been demoted to ordinary employees.
Explanations of the recruiting unit:
Enterprises with many female employees have high costs.
Regarding the standard of "male priority", the manager of the human resources department of a private enterprise explained it this way: "For our small enterprises, it will take two or three years to recruit a female employee, and she will have to take maternity leave and dismiss her, which violates the Labor Law; Keep it, it is also a big burden for enterprises, and employers have to provide wages according to law. In addition, female employees with children will definitely invest more energy than male employees in taking care of children and families. From the perspective of enterprise management, especially enterprise efficiency, enterprises with more female employees will pay more than those with more male employees. The cost is high, so now we simply don’t recruit women. "
Response of the parties:
Enterprises are evading the Labor Law.
Ms. Lin believes that she just went to work, and the unit downgraded herself without evaluating her work. This is simply subjective judgment, and it is also a disguised form of forcing female employees on maternity leave to resign. "This not only dismissed female employees, but also did not violate the Labor Law. If women want to have children, enterprises will reject women, so who will bear the responsibility of human reproduction? "
Age discriminates against the 35-year-old "retirement" with China characteristics.
Mr. Wu, 48 years old, came back from the United States to visit relatives during Christmas, and accidentally found that domestic job advertisements all required: men under 35 years old and women under 26 years old … He was shocked: at my age, I couldn’t find a job when I returned to China. As a system engineer, he just jumped from a computer company to an electrical appliance manufacturer in the United States.
The reporter found that limiting the age requirement of recruits to under 35 is a key requirement that can be seen in almost all job fairs or job advertisements. When I opened a recruitment magazine in December last year, in the 12th edition of Job Search World, among only 27 job advertisements, seven words "under 35 years old", one "under 40 years old", one "under 30 years old" and two "under 25 years old" appeared. The seven "under 35 years old" positions are refrigeration equipment salesman, driver, builder, accountant, cashier and foreign trade merchandiser.
Explanations of the recruiting unit:
Young people are willing to do a good job.
Companies that recruit foreign trade merchandisers say that foreign trade work is hard, and I’m afraid it’s difficult to be competent over middle age. Companies that recruit salesmen think that salesmen often need to travel, and younger ones may be more suitable. An electronics company that recruits an expatriate assistant under the age of 25 said that the local manager is not old enough to find a young assistant.
Response of the parties:
Young people are in good health and low cost.
Mr. Wu believes that the real reason is that young workers are obedient and have better physical strength, and it is not easy to get sick after working overtime for a long time, saving costs for the unit. "Although it is a market economy now, old-age medical care is a social co-ordination. If employees are not sick, the unit does not need to continue to pay wages during their illness."
Health discrimination liver disease has evolved into a "social disease"
Mr. Yang graduated from a university majoring in civil engineering in 2005. On December 27, 2004, on the eve of graduation, he signed an employment agreement for college graduates with an electrification survey and design institute in Tianjin and the university. On July 10, 2005, Yang and several classmates reported to the unit as scheduled. On August 3, when he participated in the unified physical examination of the unit, he was found to be carrying hepatitis B virus (hepatitis B small sanyang).
Subsequently, Yang was arranged to go to Tianjin Infectious Disease Hospital for reexamination. The results showed that his index was less than 1000, which was normal and his liver function was normal. However, the design institute still refused to sign a labor contract with Yang on the grounds of the result of hepatitis B, unilaterally dissolved the employment agreement signed by the three parties and returned Yang’s personnel file to the school. At present, Mr. Yang has taken this design and research institute to court.
Explanations of the recruiting unit:
It is not illegal for state-owned enterprises to refuse "person B"
Ms. Wang, the head of the human resources department of the Design and Research Institute, told reporters that the unit is a state-owned enterprise, and the nature of work determines that it is often necessary to travel collectively, eat and live together, and other employees are very disgusted with infectious patients such as hepatitis B. Therefore, the unit stated in the agreement signed with the graduates that if the medical examination encounters a serious illness that is not suitable for the nature of the work, the graduates will be returned. Even if Mr. Yang is only a carrier of hepatitis B virus, the staff of the institute is not a national civil servant, and the dissolution of the agreement does not violate state regulations.
Response of the parties:
Who gives 120 million "B" a job?
In response to the explanation of the recruiting unit, Mr. Yang consulted legal experts and learned that people infected with hepatitis B virus who are not contagious can be employed. According to the National Viral Hepatitis Prevention and Control Program, hepatitis B virus carriers can work as usual, except that they can’t donate blood and work as direct food and nurses. The phenomenon of hepatitis B discrimination is in violation of China’s Law on the Prevention and Control of Infectious Diseases. "At present, there are as many as 120 million hepatitis B virus carriers in China, that is to say, one in every 10 people. Can’t so many people give jobs?"
Height and appearance discriminate against girls, and they are ridiculed as "Jingba"
Liu, a master of finance in a famous university, is 1.60 meters tall. Although he is excellent in character and scholarship, his height has become a threshold that he can’t cross when applying for a job. His job intention is to go to the bank. After handing in his resume, the other party showed great interest in him. But when the appointment is made, the other party will not be happy when he sees his height. Often, after a few minutes of talking, the other party bluntly said: the unit has requirements that the height of men should not be less than 1.70 meters, otherwise the unit will not accept it.
Miss Guo, who studies history, has not found an ideal job since she graduated from college last year. The reason is that many employers think that her skin color is dark and her appearance does not meet the standards of employment. "A company wanted to hire me as a secretary, but there was no news after the interview. Afterwards, other students told me that the boss actually laughed at me in front of many people for my big eyes and flat nose, and I looked like’ Jingba’. "
Explanations of the recruiting unit:
Ugly people have to row back when they are logistics.
The person in charge of the personnel department of a casual wear franchise company who has certain requirements on appearance said: Our service industry needs to face customers, so the appearance of employees is not required to be particularly beautiful, at least it should be pleasing to the eye. For applicants with obvious defects in appearance, we will basically eliminate them when they submit their resumes. We don’t discriminate against them just because they don’t meet the requirements of the company. If you want to recruit warehouse keepers, drivers, logistics, etc., you can still consider it, but only if there are no better candidates than them.
Response of the parties:
A master’s degree is not as tall as a man.
After repeatedly hitting the wall, Liu told reporters helplessly: "The height is given by my parents, and I have no ability to change it? Besides, I got my master’s degree through hard work, but can’t I change the influence of my height? Moreover, bank work is not playing basketball. Why are there strict requirements for height? "
Zodiac name discrimination
The waiter’s surname is "compensation" for business.
Xiao Wang, a graduate student from the School of Finance and Economics of the National People’s Congress who is about to graduate, just applied for a job in a private enterprise. Although he did well in rough selection, written examination and interview, he did not receive the employment notice. My sister, who also works in this company, told Xiao Wang that the boss was very satisfied with her work ability, interview performance and improvisation. The only dissatisfaction was her "Zodiac". "The boss said that you are a chicken and he is a rabbit, and the Zodiac is offensive."
Liu Meng, 35, is an old driver with more than ten years’ driving experience. At the end of October, 2006, he went to an enterprise to apply for the position of driver. At that time, Liu Meng, who had advantages in work experience and driving skills, was defeated. The recruiter of the company said that according to the investigation, drivers named "Chong" and "Meng" are impatient and prone to accidents while driving, so the company decided not to hire him.
In the interview, the reporter learned that in addition to not hiring drivers with the words "Chong" and "Meng" in their names, some businesses are also reluctant to hire waiters with the words "Huang", "Pei" and "Guang" in their names, thinking that such names will affect business.
"Northeasters are impulsive and love to make trouble"
Referring to the "discrimination" encountered in the application, Xiao Lu, a student of Beijing University of Technology who is about to graduate, was angry. Once he applied for a semi-research organization, the recruiter asked him about his major and academic performance with great interest at first, but as soon as he heard his answer in the newspaper "Born in Henan", he immediately said, "Oh, Henan people." Then he ended the question and told him to go back and wait for the notice, but there was no news.
On December 16th, 2006, the reporter found that some units wrote "No Northeastern" in black and white on the recruitment booth. When asked by the reporter, the staff said without looking up, "We feel that Northeasters are impulsive and love to make trouble, so they are not prepared to take it." There is even a unit that simply declares that it doesn’t want Beijingers. The reason is that Beijingers are too lazy and have the legacy of the Eight Banners, and they always exaggerate.
"A meal can’t be less than half a catty of white wine"
Pony, a marketing major at Beijing Technology and Business University, suffered a "drinking discrimination". Last month, he went to apply for a salesperson with two classmates. After the recruiter asked a simple personal situation, he asked them, "Can you drink?" How about the amount of alcohol? " As soon as he heard that Pony couldn’t drink, he was asked to go back first, leaving two students who claimed to be "good drinkers" to see the boss.
In the interview, the reporter found that in fact, when many units recruit male employees, the amount of alcohol consumption has become the standard for leaders to judge whether employees are "real". Pony learned from the two classmates afterwards that the boss believed that it was essential for sales people to drink alcohol, so as to mingle with customers at the dinner table. "Not only can you drink, but you can also drink at least half a catty of white wine at a meal. It is best to put others down and be fine."
Check the "three generations" of doctoral degrees in prestigious schools
Xiao Zhang, a Ph.D. student in Peking University, went to a university in Jilin Province to apply for a job. At first, the university was very interested in him. After several contacts, I gradually found out the bottom of Xiao Zhang. When I checked his original education, I found that this doctoral graduate was not a prestigious school when he was an undergraduate, so I turned him away. "I didn’t expect to check the’ three generations’ for academic qualifications!" Xiao Zhang was so angry that he even called it "absurd".
According to the reporter’s understanding, many units will adopt this method of "checking three generations" when interviewing doctoral and master graduates to trace their undergraduate degrees. Once the undergraduate university does not enter the "211" project, no matter whether you are a master or a doctor, even people with diplomas will be discounted. Some employers believe that there are too many college graduates now, so it is natural for them to "choose the best among the best".
Employment discrimination case
Promote the anti-discrimination process
The first case of hepatitis B in China
In June, 2003, Zhang Xianzhu, a native of Wuhu, Anhui Province, signed up for the Anhui Provincial Civil Service Examination in Wuhu Personnel Bureau. After written examination and interview, his comprehensive score ranked first among the 30 candidates who applied for the position, and he entered the medical examination procedure according to the regulations. On September 17, 2003, the physical examination report showed that he was a patient with hepatitis B, and Zhang Xianzhu was not admitted because the medical examination conclusion was unqualified. On November 10, 2003, Zhang Xianzhu filed an administrative lawsuit with the court on the grounds that the defendant Wuhu Personnel Bureau deprived him of his qualification as a national civil servant and violated his legal rights. Wuhu Xinwu District People’s Court ruled in the first instance that the defendant Wuhu Personnel Bureau made a specific administrative act in the process of recruiting Anhui national civil servants in 2003, that is, the main evidence for canceling the plaintiff Zhang Xianzhu’s qualification to enter the assessment procedure was insufficient, and the legal costs of 100 yuan were borne by the defendant. However, the court also held that the recruitment of civil servants last year had ended, and the position that the plaintiff applied for had been replaced by others. Therefore, the plaintiff’s request to be hired to the corresponding position was not supported.
Comments: This case has aroused social concern about the employment of 120 million hepatitis B patients nationwide. Subsequently, Guangdong, Sichuan, Jiangxi, and Zhejiang successively abolished the restrictive regulation that "HBV carriers cannot become civil servants" in the recruitment of civil servants. In 2005, the Ministry of Personnel and the Ministry of Health announced the formal implementation of "General Standards for Civil Servants’ Employment and Physical Examination (Trial)", which clearly stipulated for the first time that "HBV carriers can become civil servants".
The first case of constitutional equality in China
On January 7, 2002, Sichuan UniversityKevin Jiang, a 1998 student of the Law School, sued the Chengdu Branch of the People’s Bank of China on the grounds that the bank’s recruitment restrictions on height violated the constitutional provision that "all citizens in People’s Republic of China (PRC) are equal before the law" and violated its qualification for holding public office in state organs. This case is called "the first case of constitutional equality in China". On May 21, 2002, the Wuhou District People’s Court of Chengdu made a first-instance judgment on the case of "Kevin Jiang v. Administrative Litigation of Recruiting Clerk of Chengdu Branch of the People’s Bank of China", and ruled that the plaintiff Kevin Jiang’s lawsuit was rejected. After the judgment of the first instance, the plaintiff Kevin Jiang did not appeal.
Comments: This case is the first time that the applicant has put the issue of discrimination in the recruitment process of state organs before the Chinese people. The principle of "People’s Republic of China (PRC) citizens are equal before the law" in the Constitution has aroused widespread social concern and made more people realize that it is necessary to rely on the law to carry out anti-employment discrimination.
Morning News reporter Zhao Wangyue
-This edition of the article Morning News reporter Maddox Zhao Wangyue