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 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

ially; 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.