Sex discrimination proven …
awarded less than a box of
matches.
How much is
a proven case of sexual discrimination worth in the workplace?
A case in
Guangzhou, China recently answered that question. 1 RMB or about AU$ 0.17.
It was
however, the first successful case of sex discrimination in China
A female, a
graduate from the South China Normal University reportedly obtained relief for a claim of sex discrimination
through an administrative complaint submitted to a district labour bureau in Guangzhou municipality.
This is the
first recorded instance in which a woman has obtained any type of relief, whether through administrative labour
authorities or a court, for sex discrimination.
In October
2012, graduate applied for a sales position, even though the job advertisement said the position was for men
only. After receiving no response, she
called the office of the advertiser and was advised that only men would
be acceptable for the position. She then filed a complaint to the Guangzhou Yuexiu District Human Resources and
Social Security Bureau claiming sex discrimination.
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The district
labour inspection division conducted an investigation after receiving the complaint. Two months later the
parties reached an agreement through the government’s mediation efforts.
The company
placed an online apology on their web home page as did their recruitment agent.
Economic damages was set in the amount of RMB 601, representing RMB 600 for
expenses
incurred for the complaint she filed and RMB 1 for emotional damages.
The PRC
Women’s Rights Protection Law explicitly states that employers may not reject women due to their sex unless the
job positions are not suitable for females; otherwise the females have the right to sue. In addition, employees are protected from discrimination by the PRC Employment Promotion Law,
which generally states that employees may bring a lawsuit for discriminatory actions and companies shall be
liable for such noncompliance.
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