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Employers Can Be Fined for Gender Discrimination
Source:Chinese Women's Research Network | Release Date:2018-8-15-
Title: Employers Can Be Fined for Gender Discrimination
Author: Xie Wen
Release Date: 2018/8/15
Keyword: Employers, Gender Discrimination

A reporter recently learned from the Shenzhen Municipal Human Resources and Social Security Bureau (HRSSB) that they have normalized the discretionary power of administrative penalties in the Regulations on the Promotion of Gender Equality in the Shenzhen Special Economic Zone.

According to the regulation, it is illegal for an employer to set gender requirements when recruiting or hiring personnel or to refuse to recruit a certain gender or raise the recruitment standard on the grounds of gender, marriage, childbirth, etc. The HRSSB shall order the employer to make corrections within a time limit and for those companies that refuse to do so, they shall be fined between 3,000 and 30,000 yuan.

Nowadays, many employers prefer to recruit male workers than females due to reasons such as women's pregnancy, breastfeeding, and taking maternity leave, which they believe would increase the workload of their companies.

However, these reasons are determined by the physiological characteristics of women, rather than their intentions. Thus it will violate the legitimate rights and interests of women if they refuse to recruit women.

According to Article 13 of the Labor Law, women enjoy equal rights with men in employment. When hiring employees, except for special types of jobs or positions, women should not be refused on the grounds of gender nor may the employment standards for women be raised.

Article 26 of the Employment Promotion Law stipulates that employees should be provided with equal opportunities and fair employment conditions and discrimination in employment should be prohibited.

Therefore, gender discrimination in employment is illegal and should be strictly punished.

Now, the newly revised regulation has pointed out the direction for tackling gender discrimination in employment, correcting the employers' improper employment concept, guaranteeing women's fair employment rights, and retrieving women's employment dignity and social employment equity.

(Source: and edited by Women of China)
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