When Can Employment Discrimination End?

Mr. Gao used to be an assistant engineer in a unit in Shanghai. At first, the company found him and hoped that he could go to work. After careful consideration, Mr. Gao agreed. After that, Mr. Gao also completed a test paper sent by the manager of the BD exhibition company. The manager said he could receive his post after reading the test paper.

Shortly afterwards, Mr. Gao conducted a physical examination according to the requirements of the company.

When Mr. Gao took the physical examination results and related materials to the company, he refused to sign a labor contract with him.

Therefore, Mr. Gao went to court for the company.

The unit was asked to apologize in writing, compensate for the economic losses, and request the company to pay mental damage.

Mr. Gao of the plaintiff thinks that the behavior of the company is contrary to the principle that employers employ staff and refuses to hire on the grounds of hepatitis B "small three yang", which belongs to employment discrimination.

The defendant has consistently argued that Mr. Gao was not rejected because of hepatitis B physical examination results, but because of training unqualified and other comprehensive factors, which did not meet the requirements for posts.

According to the court's trial, the company's training has ended when the company requires Mr. Gao to conduct a physical examination. If his company refuses to hire because of training reasons, it requires Mr. Gao to carry out the entry examination after the end of the training.

Moreover, the company did not provide any other evidence to prove that there were other reasonable reasons for its refusal to employ after the invitation of the plaintiff.

Therefore, the court decided that bead creation company is because of Mr. Gao's physical examination results for hepatitis B "small three yang" and refused to hire.

The court also held that Mr. Gao had reason to create reasonable trust for his company.

The company should compensate Mr. Gao's resignation from his former employer to the loss of reliance interest before re employment.

In addition, the reasons for the rejection of Mr. Gao's physical examination results by the BD company are no doubt causing Mr. Gao to suffer from enormous psychological pressure and mental suffering. He should pay spiritual damages.

Therefore, in the end, the people's Court of Chaoyang District, Beijing, first found that the BD company refused to hire Mr. Gao because of hepatitis B discrimination, and decided to apologize to Mr. Gao in accordance with the law and compensate for the economic loss of 17572.75 yuan and 2000 yuan for mental injury solace.