(精)第二讲 就业歧视的概念.pptVIP

第二讲 歧视的概念 一、反歧视法的法律渊源 二、就业歧视的构成要件 三、歧视的概念 招聘销售人员要求年轻貌美，原因是此系顾客的偏好，企业追求经济利益；请问此举构成歧视吗？ 欧盟委员会V奥地利，保护还是歧视？ ??第五十二条 各级人民政府建立健全就业援助制度，采取税费减免、贷款贴息、社会保险补贴、岗位补贴等办法，通过公益性岗位安置等途径，对就业困难人员实行优先扶持和重点帮助。 （就业促进法） （二）哪些不平等的对待不构成歧视？ 1、定工作的内在需求 2、针对个人的有损国家安全的行为采取的措施 3、保护或援助的特别措施 例外：不视为歧视的区别对待 基于特定职业的内在需要 Differential treatment based on inherent requirements of the job (Art. 1(2)) 如演员，角色需要，性别的限制 如从事宗教或政党工作，对宗教或政治观点的限制 我国实践： 招募员工过程中对中共党员身份的要求是否构成歧视？ * * * * * * * * * * * * * * * * * * * Exceptions have to be applied restrictively Convention No. 111 sets aside^categories of measures which shall not be deemed to be discrimination: Special measures of protection or assistance: There are two kinds of special measures of protection and assistance: measures of protection and assistance provided for in international labour Conventions and Recommendations, and measures taken after consultation with employers and workers organizations and designed to meet the particular requirements of persons who for reasons such as sex, age, disablement, family responsibilities or social or cultural status, require special protection or assistance. For instance, special measures which may be taken on behalf of indigenous or tribal peoples or disabled or older persons, as well as those designed to protect maternity or the health of women, and which are expressly recognized as non-discriminatory. … And prohibiting night work for women in industries? Measures affecting an individual who is suspected of or engaged in activities prejudicial to the security of the State: . It must be applied strictly in order to avoid undue limitations on the protection which the Convention seeks to guarantee, and provided that the individual concerned shall have the right to appeal to a competent body established in accordance with national practice. The body of appeal should be impartial and independent from administrative or governmental authorities. It covers activities of which a