As an important element of women's labor rights and interests, the right to equal employment standards is a prerequisite to improve women's social status and achieving gender equality. Whether women can enjoy equal rights at work is not only directly related to the level of realization of labor rights, but is also relevant to women's survival and development. In recent years, with increasing employment pressures in China, the contradictions in employment are becoming far more obvious. Gender discrimination in employment is becoming generalized, which infringes on women's equal employment rights.

Gender discrimination in employment is becoming generalized, which infringes on women's equal employment rights. [hr.com.cn]

First, urban women's cognition of gender discrimination in employment

According to data in the Third Chinese Women's Social Status Investigation, jointly carried out in 2010 by the All-China Women's Federation (ACWF) and the National Bureau of Statistics of China, more than 72 percent of women had a clear perception of "not being hired or promoted because of gender" discrimination. The women's cognitive level at different ages and different levels of education was higher than that of men's. Among the women, about 75 percent of the post-80s generation of urban women thought that "not being hired or promoted because of gender" was a form of discrimination, higher by 2 percent than males of the same age. Over 75 percent of women had a clear cognition on "being dismissed due to marriage/childbirth" discrimination, again higher than males. Younger and more educated women had a stronger cognitive sense of gender discrimination in employment.

Marriage and childbirth reduce the degree of female cognition of gender discrimination in employment. Unmarried women's cognition degree of "not being hired or promoted because of gender" was higher than married women. Also, the level of women who were married without children was higher than childbearing women. Childbearing women with many children possessed the lowest of cognitive degree of discrimination. In terms of cognition of "being dismissed because of marriage, pregnancy, childbirth" discrimination, the cognitive level of unmarried women was higher than that of men, married women lower than that of males. As female fertility numbers increased, so cognitive levels reduced rapidly and gender gaps expanded.

Second, urban women's experiences of gender discrimination in employment

Marriage and childbirth are not only the most important events in women's lives, but also important ways to reproduce and build the social labor force, and maintain the sustainable development of society. However, in market-oriented allocation of resources of the labor market, marriage and childbirth becomes an important pretext for employers for female gender discrimination in employment. As a result, many women lose their jobs.

The ratio of unmarried women encountering "not being hired or promoted because of gender" was the highest. In experiences of discrimination, with fertility reduction, the proportion of urban women encountering discrimination was increasing. The proportion of unmarried women facing this discrimination was the highest. Although data showed the urban female with greater fertility faced less discrimination, the features of the times must be paid greater attention. Females with more than two children were mostly over 50 years old. At the time of their first employment, the country was in a planned economy that encouraged female employment. But, at present, in a tough employment situation and a market economy where there is ineffective punishment of gender discrimination in employment, employers in pursuit of profit maximization refused women because female workers' fertility increased labor costs. Thus, the ratios of unmarried women or women without children who suffered discrimination were the highest.

As for "being dismissed for marriage/pregnancy/childbirth" experiences with the increase in female fertility, the ratio of women being dismissed to gender difference expands ceaselessly. Even among sterile women, 1.42 percent was fired for marriage or pregnancy. This phenomenon is not only a serious violation of women's marriage and reproductive freedoms, but also a violation of women's equal employment and reproductive rights, resulting in placing many white collar women deeply into an embarrassing "not married in marriageable age, afraid to have children after marriage" situation.

Women's equal rights in employment are fundamental to China's Constitution and relevant regulatory laws. Solving gender discrimination in employment needs both a correct view of the social value of marriage and childbirth, and concerted efforts from relevant departments.

Third, the elimination of gender discrimination in employment and protection of women's equal employment rights and opportunities

1. Develop education of and strengthen women's rights awareness. Nearly 30 percent of urban women were completely unaware of the equal employment rights infringement phenomenon. Education to a large extent can raise awareness of equal employment rights violations. Given that, on average, a vast majority of women's educational levels is still low, we should strengthen education and training; increase the publicity of the Protection of Women's Rights and Interests, Employment Promotion Law, Female Worker Labor Protection Special Provisions, Employment Services and Management Regulation, to enhance the situation of urban women in equal employment rights protection.

2. Strongly increase the Women's Federation and Labor Unions' participation. Strengthen Women's Federations' participation in terms of actively promoting the Law of Anti-Employment Discrimination. Strengthen cooperation with the Department of Human Resources and Social Security, give full play to the role of Women's Federations and Labor Unions, make contributions toward the elimination of gender discrimination in employment, and guarantee the right to equal employment of professional women.

3. Enact the Law of Anti-Employment Discrimination as soon as possible. Clearly enshrine a specific definition of discrimination and the legal principles relating to gender discrimination in employment; set clear gender discrimination criteria, regulate specific legal responsibility if there is an illegal employer; make clear the relevant government departments' regulatory functions related to gender discrimination in the labor market, and increase penalties for violations.

 4. Set up specialized agencies against sex discrimination. In some countries with superior legislation against discrimination in employment, specialized agencies are established and play an important role in the prohibition of discrimination in employment, protection of equal employment rights and opportunities and equality in the workplace. Recommend United Kingdom, United States, Norway and Sweden and other countries' experiences, set up specialized agencies to counter and take action against gender discrimination in employment, accept women's complaints, mediate and adjudicate, and on behalf of women file lawsuits.

(Source: WSIC/Translated by womenofchina.cn)