Anti-employment discrimination legislation in the United States and Britain

下面为大家整理一篇优秀的essay代写范文- Anti-employment discrimination legislation in the United States and Britain，供大家参考学习，这篇论文讨论了美英的反就业歧视立法。反对就业歧视是实现公民平等权的重要内容之一。迄今为止，反就业歧视的法律制度建设在一些国家和地区已经取得了比较令人满意的效果。美国是最早制定反就业歧视法的国家之一，在反就业歧视方面有一套比较成熟的法律体系，而且有专门的反就业歧视的执行机构。而英国有关就业歧视的法律体系相当严密，走在欧盟国家反歧视立法的前列。但与美国不同，英国并未制定综合性的反就业歧视法，而是根据不同的禁止事由分别立法。

Employment discrimination is an abnormal social phenomenon in many countries and regions. Both the us and the UK have relatively robust anti-employment discrimination laws. However, the anti-employment discrimination law in China has been absent for a long time, the relevant legal system is not perfect, and the judicial relief is not enough. Therefore, the anti-employment discrimination law should be issued as soon as possible to set up the concept of employment equality, set up specific legal responsibilities and judicial relief channels, and set up special anti-discrimination law enforcement agencies to ensure the implementation of laws, so as to improve the anti-employment discrimination law system, which is one of the urgent problems China needs to solve at present.

Employment discrimination is an abnormal social phenomenon, which exists in many countries and regions to varying degrees. It violates the principle of "everyone is equal before the law", infringes on the right of workers to live and distorts the market economy law of optimal allocation of human resources. The fight against employment discrimination and the protection of workers' equal right to employment is an important issue of concern to the international community. However, due to the imperfect legal system of anti-employment discrimination in China, employment discrimination incidents emerge in real life. Therefore, it is necessary for China to learn from the mature legal system of foreign countries to perfect the anti-employment discrimination legislation.

Fighting against employment discrimination is one of the important contents to realize the equal rights of citizens. So far, the establishment of legal system of anti-employment discrimination has achieved satisfactory results in some countries and regions, and there are many experiences worth learning.

The United States was one of the first countries to enact anti-employment discrimination laws, has a relatively mature legal system on anti-employment discrimination, and has a specialized anti-employment discrimination enforcement agency.

Due to historical reasons, the United States formed on the basis of the constitution, with comprehensive anti employment discrimination, the framework of the Civil Rights Act of 1964 is perfect anti-discrimination legal system, the employment discrimination is not only one of the core content of the labor law, and it is an important component of the anti-discrimination laws, almost every anti-discrimination monomial legislation relating to the employment discrimination.

The "equal legal protection" clause of the fourteenth amendment to the U.S. constitution is the basis for anti-employment discrimination. Many individual ACTS were enacted in congress, such as chapter 7 of the Civil Rights Act of 1964, which prohibited employment discrimination based on race, color, religion, gender, or country of birth. The Civil Rights Act of 1991 specified the amount of compensation payable to employers for ACTS of intentional employment discrimination; The equal pay act of 1963 required equal pay for equal work; The anti-employment age discrimination act, passed in 1967 and amended in 1990, prohibits employers from imposing mandatory retirement ages on their employees. The persons with disabilities act of 1990 protects persons with disabilities from discrimination in employment and obligers shall provide them with "reasonable convenience"; And so on. States and localities in the United States have also enacted their own anti-discrimination laws. In addition, as the United States is a country of Anglo-American legal system, its court system and judicial precedents of state courts have also actively participated in anti-employment discrimination, making their due contributions to the protection of equal employment rights.

It can be seen that the United States has both the constitution formulated and revised by congress and the relevant special laws, as well as the directive issued and amended by the President unilaterally. There are both the basic law against all employment discrimination and single laws and regulations only targeting a specific kind of discrimination, which are relatively mature in the legislation of anti-employment discrimination.

The United States has specialized anti-employment discrimination enforcement agencies, among which the main federal enforcement agencies are:

As an independent quasi-judicial body, the EEOC has five commissioners and one general counsel, all of whom are nominated by the President and confirmed by the senate. The EEOC is responsible for interpreting and enforcing federal laws against employment discrimination, eliminating discrimination based on race, color, religion, gender, and nationality in hiring, promotion, firing, wages, testing, training, internships, and all other conditions of employment; Accept complaints from employees about employment discrimination and can directly collect evidence.

Many states in the United States typically have their own anti-discrimination agencies, such as the New York state department of human rights in New York state, which accepts employee-related employment discrimination complaints free of charge and files civil or administrative investigations as appropriate.

Both agencies are responsible for enforcing the civil service reform act, which prohibits employment discrimination and retaliation by personnel measures to promote full impartiality of federal personnel measures.

The legal system of employment discrimination in the UK is quite strict, which is at the forefront of anti-discrimination legislation in eu countries. Unlike the United States, however, the UK does not have comprehensive anti-employment discrimination laws, but rather legislation on the basis of different prohibitions such as sex, race, disability, age, religion and belief. Such as the equal pay act of 1970, the sex discrimination act of 1975, the race relations act of 1976, and the disability discrimination act of 1995. Anti-employment discrimination legislation in the UK involves the entire process of employment, including employment access, vocational training, job promotion, working conditions and so on.

The British anti-discrimination law is mainly embodied in the written law, and the employment court and the court's jurisprudence are responsible for the interpretation of the law. In the UK, anti-discrimination is a continuously open system with a growing scope of protection, which is mainly reflected by the increasing prohibition of discrimination in the form of regulations. For example, the employment equality ordinance in 2003, the employment equality ordinance in 2003, and the employment equality ordinance in 2006.

The United Kingdom has set up three specialized agencies for different objects according to different legislation types to ensure the implementation and implementation of anti-discrimination laws. The role of these agencies in the UK is more obvious than in the us. They are the equal opportunities commission under the sex discrimination act of 1975, the racial equality commission under the race relations act of 1976 and the disability rights commission under the disability discrimination act of 1995. The three specialized agencies have essentially the same powers: they all have the power to conduct formal investigations of employers and to issue legally binding "non-discrimination notices" before the courts. You can file a civil suit against your employer like the EEOC did in the United States. The EOC and CRE can also issue "codes of conduct" with evidence validity. As a result, Britain's executive branch has played a bigger role in fighting employment discrimination and promoting employment equality. They operate independently of each other in dealing with anti-discrimination, but they also have inconsistencies and inconsistencies as they are too scattered. So in October 2007 a unified anti-discrimination body, the equality and human rights commission, was announced. It inherits all the functions and powers of the three agencies mentioned above. Its role was not only to eliminate discrimination but also to promote the realization of the right to equality.

In particular, under the employment tribunal act of 1996, a special employment tribunal and an employment appeal tribunal were established in the UK to allow victims to bring cases to the employment tribunal when the executive body could not obtain relief.

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