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宪法赋予了每个公民劳动的权利,政府、企业和社会各类组织都有促进劳动者就业,保障劳动者合法权益不受损害的义务。但在现实生活中,多种形式的就业歧视现象却大量存在,使劳动者的就业平等权受到了严重侵害。囿于个体劳动者的相对弱势,劳动者常常求助无门。因此,禁止就业歧视法律保障制度的构建和完善就显得极为迫切。而我国现行禁止就业歧视法律保障制度却存在诸多缺陷,难以对劳动者进行有效的救济。运用法律的手段规制就业歧视应综合立法、执法、司法等多种手段,在立法上要出台《禁止就业歧视法》,在执法上要设置专门性行政执法机构,在司法上要实现诉讼救济制度。
The Constitution gives each citizen the right to work. The government, enterprises and various social organizations all have the obligation to promote the employment of workers and protect the legitimate rights and interests of laborers. However, in real life, various forms of employment discrimination exist in large numbers, which have severely violated the right to employment equality of laborers. The relative weakness of individual workers, workers often helpless. Therefore, it is extremely urgent to establish and perfect the legal protection system against employment discrimination. However, there are still many shortcomings in the current legal system of prohibiting employment discrimination in our country, making it difficult to carry out effective remedies for laborers. The use of legal means to regulate employment discrimination should be integrated legislation, law enforcement, justice and other means, in the legislation to be promulgated the “Prohibition of Employment Discrimination Law” in the law enforcement should set up specialized administrative law enforcement agencies in the judicial system to achieve litigation relief .