Chinese Court Rules Against Gender Discrimination in Job Advert

Ger Discrimination Dispute between Guo Jing and East Cooking Vocational Skills Trning School, Hangzhou West Lake District Court

Guo Jing filed a lawsuit agnst the respondent East Cooking Vocational Skills Trning School in June 2014 based on an online job advertisement seeking two copywriters. Although her resume was submitted accordingly, she did not receive any reply from them thereafter. Despite believing herself competent for the position and having tried to contact the school for updates about her application, she was informed that due to a business travel requirement, only males were considered suitable candidates for the position.

Despite Guo's assurance of being able to accommodate such trips, the trning school still declined further consideration on the same basis. Therefore, Guo initiated legal proceedings under Article 3 of China’s Employment Promotion Law, which guarantees all job seekers equal employment rights regardless of ger, race, ethnicity, or religious beliefs.

In defense, East Cooking Vocational Skills Trning School argued that the nature of their position requires candidates to share a room with the school's male president and business travel companions. They clmed this decision was based on concerns for Guo's comfort and well-being.

However, in ruling agnst the defant, the West Lake District Court of Hangzhou held that no evidence was provided by the employer regarding special job requirements or legal justifications for ger discrimination. Consequently, their actions are deemed to have violated Article 3, along with Articles 12 13 of China’s Labor Law which stipulate: i all workers have equal rights to employment and choice of occupation; ii no worker shall be discriminated agnst based on ethnic group, race, sex, or religious belief.

As a result of these findings, the court confirmed that women are entitled under Chinese law to equal job opportunities with men. The defants were therefore ruled in violation of this principle by not providing evidence for justifying the exclusion of female candidates from their recruitment process and by not considering a suitable accommodation arrangement when seeking to meet business travel requirements.

Key Themes:

• Ger discrimination

• Employment discrimination

Keywords: ger discrimination, employment discrimination, China, West Lake District Court of Hangzhou

Year: 2014

Institution: West Lake District Court of Hangzhou

External URL: Please insert relevant URL here

This case highlights the importance of equal employment rights under Chinese law and the legal ramifications for employers who engage in ger-based job discrimination.
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