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“中国就业性别歧视第一案”使得女性就业权保护得到关注。由于生理、心理、社会因素上男女之间的差异,职业性别隔离广泛存在且其导致的问题不容忽视。我国有关女性就业权保护的法律以保护性立法为主要原则,重禁止性别歧视,轻机会平等。而关于法律应当如何调整错综复杂的异性之间的就业利益、平等保护理念与差异保护理念争执不下。一个好的解决措施是在两者之间寻求平衡,公平理念应运而生。公平理念的操作是通过将女性就业的不利益外部化给整个社会,由社会来负担女性及招聘女性的用人单位的成本。
“The first case of China’s employment gender discrimination ” made women’s employment rights protection attention. Owing to the differences between men and women in physical, psychological and social factors, occupational gender isolation is widespread and the problems that it causes can not be ignored. China’s law on the protection of female employment rights, with protective legislation as the main principle, emphasizes the prohibition of gender discrimination and equal opportunities. However, as to how the law should adjust the employment interests between the opposite sex and heterosexuality, the concept of equal protection and the concept of differential protection can not be disputed. A good solution is to find a balance between the two, the idea of fairness came into being. The idea of fairness is to cover the costs of female and female hiring units by socially externalizing the unfavorable benefits of female employment to society as a whole.