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身高为自然人不可更改的固有特征,身高代表人的形体美的心理活动属于个人精神自由与个人意志自主,在法律上属于与他人利益和公共利益无关且不受任何人干预的私人生活领域。本文指出用人单位享有选择劳动者的用工自主权,但如要求与劳动能力、专业技术和岗位职责无关的身高条件,在法律上构成“考虑不相关的因素”的行为,且限制、剥夺、侵犯了劳动者平等就业权利。
Height is an intrinsic feature that can not be changed by the natural person. The mental activity of height and beauty of the representative person belongs to individual spiritual freedom and personal will autonomy, legally belong to the field of private life which has nothing to do with the interests of others and the public interest. This article points out that the employer has the right to choose the workers who choose to use the labor. However, if the requirement of height condition unrelated to working ability, professional skills and job responsibilities constitutes legally the act of “considering irrelevant factors” and limits and deprives , Violated the equal employment rights of workers.