View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Santa Clara University School of Law Santa Clara Law Review Volume 52 | Number 4 Article 11 12-22-2012 Far From a Harmonious Society: Employment Discrimination in China Crystal Roberts Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Recommended Citation 52 Santa Clara L. Rev. 1531 This Comment is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact
[email protected]. ROBERTS FINAL 11/14/2012 12:58 AM FAR FROM A HARMONIOUS SOCIETY: EMPLOYMENT DISCRIMINATION IN CHINA Crystal Roberts* TABLE OF CONTENTS Introduction I. Background A. Introduction to Employment Discrimination in China B. Chinese Culture and Society Before the Communist Party of China C. From Communism to a Socialist Market Economy D. Prevalence of Employment Discrimination 1. Gender Discrimination 2. Migrant Worker Discrimination 3. Infectious Disease Discrimination II. Identification of the Problem A. International Law’s Influence B. PRC Constitution C. Labor Law of the PRC D. Law on the Protection of Rights and Interests of Women E. Contagious Disease Law F. Employment Promotion Law G. Independent Trade Unions III. Obstacles to Equal Employment Opportunities A. Lack of Access to Enforcement Mechanisms B. Lack of Clear Standard of Proof C. Lack of Incentive to Comply with Labor Laws D. Education and Awareness of Differences IV.