The court of first instance ruled that a company and a restaurant jointly compensated Xiaoyu mental damage compensation for 2000 yuan, and rejected Xiaoyu's other claims. Xiaoyu refused to accept the appeal. The court of second instance held that a company posted a job advertisement only for men and a restaurant receptionist told Xiaoyu that "kitchen apprentices don't want women", which showed that a company and a restaurant discriminated, restricted and excluded female candidates in the process of posting job advertisements and recruiting employees. The positions that a company or a restaurant recruits are not jobs and positions that are not suitable for women. The differences, restrictions and exclusions between a company and a restaurant in the recruitment process only because of the gender of the recruiter have damaged Xiaoyu's equal employment rights and caused certain mental harm to Xiaoyu. The court of second instance upheld the judgment of first instance and ordered a company and a restaurant to make a written apology to Xiaoyu.
Counsel's advice
As mentioned earlier, Xiaoyu's job search is discriminated, differentiated, restricted and excluded by gender. How should she defend her rights?
First, people's organizations, women's federations and other departments can reasonably safeguard the rights of employment behaviors that are treated differently, restricted or excluded by enterprises, and seek the help of people's organizations and women's federations.
Second, you can claim your rights through litigation. Infringement of women's equal employment rights often involves infringement of the personality rights of female job seekers. You can ask for a certain amount of spiritual comfort compensation, such as asking for compensation for losses and asking for a public apology in a certain range of media.
1. Law of People's Republic of China (PRC) on the Protection of Women's Rights and Interests (revised in 2022) Article 41 The state guarantees that women enjoy equal labor rights and social security rights with men.
2. Law of People's Republic of China (PRC) on the Protection of Women's Rights and Interests (revised in 2022) Article 43 In the process of recruiting (employing), an employer shall not commit any of the following acts unless otherwise stipulated by the state:
(a) limited to men or men first;
(two) in addition to personal basic information, further inquiry or investigation of the marriage and childbirth of female job seekers;
(3) Taking pregnancy examination as an entry medical examination item;
(four) to restrict marriage, childbearing or marital status as a condition for admission (employment);
(five) other acts of refusing to hire women on the grounds of gender or raising the standards for hiring women differently.
3. Special Provisions on Labor Protection of Female Workers
Appendix: 1. The scope of work prohibited for female employees:
(1) Underground operations in mines;
(two) the fourth level of physical labor intensity stipulated in the classification standard of physical labor intensity;
(three) load more than 6 times per hour, each work more than 20 kilograms, or intermittent load, each work more than 25 kilograms.
4. Civil law
Article 179 The main ways to bear civil liability are: ... (1 1) Apologize.
Article 1000 Where an actor bears civil liabilities such as eliminating influence, restoring reputation and apologizing for infringing on personality rights, it shall be commensurate with the specific way of the act and the scope of its influence.
If the actor refuses to bear the civil liability stipulated in the preceding paragraph, the people's court may publish an announcement or an effective judgment in newspapers, internet and other media, and the expenses incurred shall be borne by the actor.
Remarks: The characters are all pseudonyms, and the circumstances of the case have been appropriately adapted. Please don't sit in the right position.