女性就业歧视公益诉讼制度法律机理研究

现行法律对女性就业歧视司法救济的规定不足,难以解决女性劳动者力量弱小、举证难、现有诉讼制度不足等问题。为进一步保障我国女性平等就业,需要构建女性就业歧视公益诉讼制度,从正当性、必要性、可行性分析其的法理基础。并对该制度的构建进行初步探究:原告资格以工会、妇女联合会等社会组织为主,新增专门的平等就业管理机构;举证责任在当事人之间合理分配;抗辩事由应包括劳动保护措施、真实职业资格、小微企业豁免制度等;法律责任形式从民事责任和行政责任两方面进行规范。

A Study on the Legal Mechanism of the Public Interest Litigation System of Women's Employment Discrimination

It is challenging to solve problems of women employment discrimination lawsuits such as being weak in strength, hard to submit evidence, and lacking existing litigation systems, and so on due to the lack of regulation of judicial relief on female employment discrimination of the current law. To guarantee equal employment of women, it is necessary to build public welfare lawsuit system of female employment discrimination by analyzing its legal basis of public interest litigation from aspects of legitimacy, necessity and feasibility. In addition, explorations should be made in constructing the legal system, such as establishing special equal employment agencies including trade unions, women''s federations and other social organizations, reasonably allocating the burden of proof between the parties concerned. Moreover, the defense should include labor protection measures, qualified professional qualification, small and micro-enterprise exemption system, etc. In addition, the legal liability form should be regulated from both civil liability and administrative responsibility.