剛剛畢業一年的女大學生馬戶(化名)將北京郵政速遞訴至法院,認為其在招聘時存在性別歧視。近日順義法院做出一審判決,判處郵政速遞賠償馬女士精神損失費2000元,并賠償公證費、體檢費等費用6500余元。
A woman recently comes to public attention for winning a gender discrimination case after being denied a delivery driver position.The Beijing branch of Express Mail Service, who claims they have never hired a female driver before, has been ordered to pay the woman several thousand yuan as compensation. Doessexism still remain common at workplace and what should be done?
“因為是女孩所以不招是么”
“對,再說我這兒人確實也夠了……”
去年10月下旬,經過反復追問,應聘快遞員的馬戶得到了工作人員李某(化名)這樣的回答。彼時,距離一位負責人承諾和她簽約的10月8日已經過去了兩個星期。
Ma Hu’s (an assumed name) application was rejected by the Beijing branch of Express Mail Service in October 2014, as they allegedly claimed they had never hired a female driver before and that an industrial law forbids a woman from carrying heavy packages.
事實上,《女職工特殊勞動保護條例》中,送快遞并不屬于禁忌婦女從事的勞動,《就業促進法》、《婦女權益保障法》里也明確規定“不得以性別為由拒絕錄用婦女或者提高對婦女的錄用標準”的規定。
Shunyi district court in Beijing has ruled against the company, pointing out that the company could not prove that Ma would have had to carry heavy packages regularly.
The law dose forbid employers to ask woman to carry packages weighing over 20 kilograms for over 6 times each hour. A courier does not have to carry that much every hour. So the law does not forbid a woman to be a courier.
2011年,全國婦聯發展部發表的《女大學生就業創業狀況調查報告》指出,56.7%的被訪女大學生在求職過程中感到“女性機會更少”;91.8%的被訪女大學生感受到用人單位的性別偏見。被訪女大學生中,21.1%的人“經常”感覺到性別偏見,25.3%的人“時常”感覺到,45.4%的人“偶爾”感覺到。
A report from the All-China Women's Federation in 2011 showed that 56.7 percent of interviewed female college graduates said they had fewer opportunities than male counterparts. Ninety-one percent of interviewees felt they had been victims of sexual discrimination from employers.
為什么?Why are women discriminated at workplace?
女大學生就業遭歧視原因有三點
According to a recent research report by Renmin University of China, there are mainly three reasons why female graduates are discriminated at workplace.
首先,女大學生畢業后工作不久就會面臨結婚和生育的問題,為追求利益最大化,雇主多會選擇男性求職者;
Firstly, considering losses of companies when female employees take maternity leave, employers prefer recruiting male applicants.
其次,從身體情況來說,大多數雇主認為女性求職者相比男性求職者身體較差,不利于安排工作;
Secondly, most employers think women are physically weaker than men and it is not convenient for work arrangements.
再次,大多數雇主認為女性求職者可能更注重家庭而非職業發展,這將導致責任心、進取心降低。
Thirdly, most employers would believe women may attach more importance to her family instead of her career. Employers tend to think women’s initiative in career development is lower than men.
兩難 Dilemma
《勞動法》規定“禁止安排女職工從事礦山井下、國家規定的第四級體力勞動強度的勞動和其他禁忌從事的勞動。”
According to regulations issued by the State Council in 2012, female workers are forbidden to work in certain physically-intensive jobs, such as mining, and their work hours and load should be limited if they are menstruating, pregnant or lactating.
(法院門前,馬戶把一輛自行車舉過頭頂,以證明她可以勝任快遞員的工作。)
Ma enjoys strenuous physical activity, and she went hiking and traveling from November 2013 to March 2014, the golden job-hunting period for graduates.
《郵電女職工勞動保護規定實施細則》規定,“禁止安排女職工從事電信線務高空作業、郵件押運工作,以及連續負重超過20公斤,間斷負重超過25公斤、國家規定的第四級體力勞動強度的勞動和對女性生理機構有特殊危害的其他女職工禁忌從事的勞動。”
“It takes a longer time for women to deliver packages, especially heavy ones, which leads to customers complaining, and many female delivers resign quickly due to the physical strain”, claimed delivery drivers.
"But they surely deserve a chance if they want to have a try,"one added.
改觀?What needs to be changed
用人單位應該更重視個人能力差異而非一視“性別”而同仁。
Employers should choose applicants according to their individual capabilities instead of their gender, and if the job involves heavy labor, employers should test applicant's fitness, said lawyer Huang Yizhi.
女性要用于維護自己的合法權益。其他案例:
Women should be braver to stand out and protect their own rights.
In recent years, only a few women in China have taken a stand and taken gender discrimination cases to court.
2014年6月,因感覺在應聘中受到性別歧視,杭州女大學生黃蓉(化名)以平等就業權和人格尊嚴權被侵犯為由,將招聘企業告上法庭,最終勝訴,成為全國第一例勝訴的就業性別歧視案。
Huang Rong (pseudonym) was denied a copy-writingposition at a school on the grounds of her gender in Hangzhou, capital of East China's Zhejiang Province.
The school explained that it was cheaper and more convenient for them to hire a man, as the copy-writer would need to accompany their headmasters on business trips, all of whom are male.
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