Man Is Discriminated Against By "Big Three Yang" Due To Hepatitis B

In Hangzhou, an enterprise has discriminated against the hepatitis B carriers, and the man refused to record it.

Recently, the people's Court of Xihu District, Hangzhou, made the first instance judgment. The company compensated 10000 yuan for the loss of Kobayashi and 2000 yuan for mental injury solatium.

In April of this year, Xiao Lin saw a mechanical technology Co., Ltd. recruited a process engineer on the Internet, and then sent a job application.

After the interview, the company decided to employ him.

However, Xiao Lin was secretly discovered by the company under the condition of unknown entry medical examination.

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Kobayashi consulted the relevant leaders of the company, but the answer was always because Xiao Lin was a carrier of hepatitis B "big three yang" and was afraid to influence other employees' work and refused to enter Xiaolin.

Xiao Lin, with the help of a non-governmental organization concerned about hepatitis B, carried out legitimate rights protection.

He filed a lawsuit against the people's Court of Xihu District, Hangzhou, and prosecuted the company for violating his general personality right.

Speaking of the original intention of litigation, Xiaolin said: "I hope that through my experience, let more people know that hepatitis B carriers should not be discriminated against by employment, and we can all protect their right to equal employment."

Gan Haibin, lawyer of Beijing Ying Ke (Hangzhou) law firm, said that the People's Republic of China labor law and the People's Republic of China employment promotion act clearly stipulate that workers enjoy equal employment rights.

The employment promotion law also stipulates that violations of this Law shall infringe upon the provisions of this law.

Legal rights and interests, causing property losses or other damages, shall bear civil liability in accordance with the law.

The court held that although Xiao Lin was a carrier of hepatitis B virus, the company refused to employ only Xiaolin as the carrier of hepatitis B virus while it was unable to prove that the process engineer was a prohibited type of work or post by the HBV carriers prescribed by the state. It violated Xiaolin's equal employment rights and should bear civil liability for compensation.

Therefore, the court ordered the company to compensate Xiao Lin in accordance with the law.

10000 yuan, mental injury solatium 2000 yuan.

In September 2, 2006, the key points of prevention and control of hepatitis B publicity and education published by the Ministry of public health showed that hepatitis B was pmitted through three ways: blood, mother and infant and sexual contact.

Daily life and work contact will not spread HBV, HBV carriers have no difference in working and living ability with healthy people.

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Legal relief is the last barrier against discrimination in employment and protection of workers' rights and interests.

Cheng Xuelin believed that we should improve the legal relief system, expand the legal protection and application scope of the prohibition of employment discrimination at the job hunting stage, and enrich the channels for litigation, judicial relief and specific relief procedures.

"We should solve the problem of sex discrimination in employment through special legislation, clarify the scope and rules of employment discrimination, clarify the scope of application of anti employment discrimination law, and clarify the legal liability of employers' employment discrimination."

Experts believe that in addition to improving the legal relief system, supporting policies should also keep up.

"The current maternity insurance system has increased the burden of employment enterprises and labor costs to a certain extent, which has led to enterprises reluctant to recruit female employees."

Cheng Xuelin said, "improving the current maternity insurance system to lighten the burden of enterprises will help solve the problem."

Pu Xiaohong believes that government departments should also provide channels for female college students to return to their posts within a certain period of time.

Yang Jianhua suggested that female college students themselves also need to enhance their talents, improve their employability, adjust their employment and employment concept, and achieve employment through self employment.

Gender discrimination in employment of female university students is a social problem and requires public decision-making.

Cheng Xuelin said, "it is the common responsibility of the whole society to improve the laws and regulations against employment discrimination and create a good talent market environment, in particular changing traditional ideas and establishing a cultural environment for gender equality and fair employment."