Employment Discrimination

Title: Employment Discrimination

Fact：Employment discrimination is hard to definite. Employ-based job seekers find employees by demands of job’s characters which isn’t discrimination. However, the reasons which aren’t relative to the job are unaccepted. For example, coal mining or basketball player needed special physically demands isn’t discrimination.Execpt this kind of discrimination, other differential treatments are discrimination.

People can refer to the definition adopted by ILO in 1958, "On the Discrimination Employment and Occupation," which is authoritative. The discrimination bases on race, color, sex, religion, political opinion, national extraction, social origin, any other distinction, exclusion and preference. The most terrible consequence is injustice.

In recent years, Chinese labor market is very impressive. The employment relationship is relative closely to each working citizens and vital interests of each family and the labor market appears all kinds of employment discrimination phenomenon are very prominent. It appears these aspects as follows:sex ,age, qualifications, looks, regional image, accounts,experience,healthy, Party members, height , blood type, name and so on. The reasons are complex. First of all, labor Law is not perfect. On the one hand, the adjustments of the job market the lack of legal norms. For example, there are men and women equal employment opportunities and promotion of legal norms, but not on the degree of discrimination, blood type discrimination, age discrimination and other legal norms. On the other hand, the existing legal norms is not strong operational. Supply and demand of labor market are imbalance which is another important

reason.Espiecially; local protectionism and irrational concept of Employers also have large affect. Position: It is unmoral.

Arguments: 1. Utilitarianism means a comparison that behavior and alternative behavior’s benefits. It advocates maximizing utility and match well with moral evaluations of public policies. It also appears intuit to many people and influence economics. Utilitarianism helps explain why some actions are general wrong and right. On the contrary, Utilitarianism measures and compares different standards about the utility and some benefits and cost are intractable to measurement. Many of the benefits and costs of an action cannot be reliably predicted. It is unclear exactly what I to account as a benefit or a cost and assumption implies that all goods can be traded for equivalent of each other. Employers pursue profit and develop their careers by useful employees,Indeed,male or other kinds of employees have relative advantage so that employers make employment discrimination to save cost. The behavior agrees to Utilitarianism.

2. Kant’s theory: The critic that which is more important between benefit and moral is not pointed out clearly. Even if benefit has important status, collision still is collision. The community is going to discuss whether there should be legislation regulating diametrically opposed views. One of the views is advocating legislation to empower the Government to intervene. Another is the laws cannot interfere in the employer's employment legislative autonomy. The survival of the fittest is the law of

the market and to limit legal restrictions on the autonomy of the employer that is unfair for employers.

3. Rawls’ theory: Original position—free equal rational and ignorant.

Principle of equal liberty (free and need), difference principle and principle of fair equality of opportunity (ability and effort) are main comments of the theory. He thinks that consideration of benefit and moral is free to companies and it is due to companies’ ability and effort. This theory is lopsided, too.

If employers free to choice employees that could make large social chaos. Because of employers’ pursuit is economic efficiency as the biggest target and some employment discrimination could help to improve economic benefit, employers cannot give up certain perceived discrimination completely. The market control the social phenomenon by employers themselves while limited by the laws.

5. Ethics of virtue: An ethic based on evaluations of the moral character of persons or groups. Norms about the kinds of actions believed to be morally right and wrong as well as values placed on the kinds of objects believed to be morally good or bad. Benefit and harm cannot be retrained by laws and prefer to self-interest. Employers’ irrational concept is a good example of the theory.

Many employers’ concept that lack of advanced theory and scientific basis of talent, such as one-sided pursuit of higher education, the pursuit of handsome boys or girls, the pursuit of special blood type and so on. Development of China's market economy is not mature enough and good or brand-name are not many large enterprises. Many enterprises lack of management experience and management

quality is not high. It is inevitable that is not enough in terms of rational employment of blind behavior.

Summary：Employment discrimination phenomenons in our country to be getting worse by the social conflicts have been caused by extreme forms. it is necessary to take the approach, including legislation to regulate and intervene. In the development process the anti-employment discrimination laws is equal to attention should also pay attention to the legitimate interests of employers and employees. Not only against discrimination, but also to protect the autonomy of employers reasonable employment. It should also be seen that anti-employment discrimination is not increase employment and to promote economic development directly. It’s role is only that the right to adjust the allocation of mandatory between the employers and the employees. Therefore, the development value of against employment discrimination is not the focus on economic purposes but in the citizenship of human dignity, equality and protection of human rights.

本文来源：https://www.bwwdw.com/article/g1j1.html