Abstract:China has not adopted to this day laws to address the wide existence of discrimination in employment based on appearance. The USA is a more progressive country in the fight against discrimination in employment. Although there are states that have adopted legislation to prohibit discrimination based on appearance, there are no similar statutory laws at the federal level. In practice, the US Federal courts mainly treat discrimination in employment based on appearance by observing Article Ⅶ,of the Civil Code, on discrimination based on gender and race and the Americans with Disabilities Act, and/or the Age Discrimination in Employment Act. Using the implicit and indirect route to address discrimination based on appearance in US as an example, it is viable to tackle discrimination based on appearance in China under the Employment Promotion Law, which prohibits discrimination in employment based on ethnic, racial, sexual, and religious status and under the Protection of Disabled Persons, which forbids discrimination based on disabilities.
王 彬,潘金文. 美国禁止容貌歧视的立法与实践及其对中国的启示[J]. 妇女研究论丛, 2014, 0(3): 84-90.
WANG Bin , PAN Jin-wen. Legislative and Judicial Practices against Discrimination Based on Appearance in the USA and Their Implications to China. , 2014, 0(3): 84-90.
[1]陕西女大学生招聘调查:19%认为存在容貌歧视[EB/OL].人民网,http://edu.people.com.cn/GB/13729396.html.2012年9月12日访问. [2]韦淇宁.中国就业中的容貌歧视研究[J].南方论刊,2008,(6). [3]Karl E. Klare. Power/Dressing: Regulation of Employee Appearance[J]. NEW ENG. L. REV, 1395, 1402, 1992,(26). [4]Hannah Fleener. Looks Sell, But Are They Worth The Cost?:How Tolerating Looks-based Discrimination Leads to Intolerable Discrimination[J]. Washington University Law Quarterly, 2005,(4). [5]Robert Post. Prejudicial Appearances: The Logic of American Antidiscrimination Law[J]. Cal. L. Rev, 2000,(1). [6]周伟.从身高到基因:中国反歧视的法律发展[J].清华法学,2012,(2). [7]王彬.中国就业歧视司法救济存在的问题及完善建议[J].前沿,2009,(11).