The China Employment Opportunity Act seeks to create job opportunities and grow the economy by providing more jobs. The Act provides a framework for government programs to create opportunity for those who might otherwise be unemployed, but the enforceable provisions center on employment discrimination.
When the legislation was first proposed, discrimination was not included in the Employment Opportunity Act. However, legislators reviewing the first draft quickly pointed out that equal opportunity law is essential to employment opportunity, and thus urged including provisions against discrimination. The Employment Opportunity Act was therefore revised to include a chapter on equal employment opportunity, and strictly prohibited discrimination including, but not limited to, ethnicity, race, gender, or religion. The China Supreme Court has interpreted “not limited to” as encompassing any kind of unreasonable or unfair discrimination, in particular place of origin and age.
The equal opportunity provisions guarantee equal treatment for women as for men, and employers cannot refuse to hire women or set more stringent requirements than for men. Other classes of workers are protected, for example disabled persons and rural workers are guaranteed equal employment rights and conditions. Rural hukou holders are entitled to equal employment in cities as urban hukou holders.
The Equal Employment Opportunity Act provides a cause of action to file a lawsuit for violations.
Further Reading