论文部分内容阅读
为了保障残疾人平等就业权,我国已经出台了一系列法律、法规,明确禁止对残疾人的就业歧视。但是除了残疾人之外,还有诸如近视、高血压等未达到残疾标准的一般疾病的患者同样因为健康原因遭受着严重的就业歧视,而对于这类群体的就业歧视却并非为我国法律所明文禁止,亦难以找到保护的规范依据。针对实践当中此类一般疾病患者平等就业权屡遭侵害的现状,有必要借鉴美国反就业残疾歧视法律当中的“视为残疾”标准,以这一标准为纽带,将遭受就业歧视的一般疾病患者过渡到“残疾人”范畴,进而适用现行法律规范中的“禁止残疾歧视”条款对其提供保护与救济。
In order to guarantee equal employment rights for disabled people, our country has promulgated a series of laws and regulations that explicitly prohibit employment discrimination against persons with disabilities. However, in addition to people with disabilities, there are also other serious diseases such as myopia, high blood pressure and other diseases that do not reach the standard of disability, as well as serious employment discrimination due to health reasons. However, employment discrimination against such groups is not explicitly stated in our law Prohibition, it is difficult to find a normative basis for protection. In view of the fact that the equal employment rights of such general diseases patients have been infringed upon in practice, it is necessary to learn from the “disability” standard in the disability discrimination law of the United States. Using this standard as a link, it will be subject to discrimination in employment Patients with disease transition to “disabled ” category, and thus apply the current “legal provisions prohibit disability discrimination ” provision to provide protection and relief.