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当前普遍、严重的就业残障歧视的根源在于相关法律制度不能有效约束用人单位的用工自主权,也未能为残障人士平等就业权受到侵害后提供有效的司法救济。建立健全以多元利益最大化为目的,以强化政府机关、国有企事业单位的法律义务为导向,以利益激励机制为手段,以司法救济为最后保障的反就业残障歧视法律制度才是治本之策。为此,应尽快取消统一的国家体检标准、取消民营企业按比例就业制度、建立以利益为导向的残障人士平等就业激励制度和有效的司法救济制度。
The current widespread and serious employment disability discrimination is rooted in the relevant legal system can not effectively restrain the employer’s labor autonomy, but also failed to provide effective judicial relief for the disabled equal employment rights have been violated. To establish and improve a multi-benefit for the purpose of the maxim to strengthen the government agencies and state-owned enterprises and institutions of the legal obligations as the guide, the interest incentive mechanism as a means of judicial relief for the protection of the final anti-employment disability discrimination legal system is the remedy . To this end, the unified national medical examination standard should be abolished as soon as possible, the proportional employment system of private enterprises should be canceled and an interest-oriented equal employment incentive system for disabled people and an effective judicial relief system should be set up.