Suspected employment discrimination can arise during recruitment or after hiring. A worker’s options depend on the protected ground, the employer’s conduct, the evidence, and the law that applies to the situation. A job rejection alone may not show why the decision was made, so preserving the original vacancy notice and communications can be important.
China’s Employment Promotion Law states that workers enjoy equal employment rights and prohibits discrimination in employment on specified grounds. It also requires employers and job intermediaries to provide equal opportunities and fair conditions, and permits affected workers to bring a court action for discrimination in violation of the law. Other statutes may address particular forms of discrimination.
Identify the conduct and the legal basis
Start by recording what happened, when it occurred, who made the decision, and what reason was given. Distinguish a recruitment decision from workplace treatment such as assignment, pay, promotion, discipline, or termination. The Employment Promotion Law addresses equal opportunity and prohibits discrimination in employment, including on grounds listed in Article 3. Other legislation may provide additional rules for particular circumstances, including protections related to women’s rights.
Whether the facts amount to unlawful discrimination depends on the specific conduct and legal ground. For foreign employees, work authorization and role requirements may also be relevant, but should not be confused with a blanket license to discriminate. Review the actual job criteria and communications rather than relying on general assumptions.
Preserve contemporaneous evidence
Save the job posting, application materials, interview invitations, emails, messages, employment contract, workplace policies, performance records, and relevant notices. Keep original electronic files and note when and how each item was received. If coworkers witnessed relevant events, record their names and what they personally observed; do not pressure anyone to provide a particular account.
Make a dated chronology and identify any comparison that may help explain the decision, while respecting other people’s privacy. Avoid secretly accessing employer systems or taking confidential data unrelated to the issue. A lawyer can help assess which records can be used and how to preserve them lawfully.
Assess reporting and legal routes
Depending on the claim, a worker may consider raising the concern with the employer, seeking guidance from the local human resources and social security authority, or consulting counsel about a court action. Article 62 of the Employment Promotion Law states that workers subjected to employment discrimination in violation of that law may lodge a lawsuit in a people’s court. The correct route and any time limits depend on the facts and the legal basis.
Sources: Employment Promotion Law, Article 3; Employment Promotion Law, Articles 25–26; Employment Promotion Law, Article 62; Law on the Protection of Rights and Interests of Women.
This overview is general information. The available procedure and evidence depend on the type of discrimination and the location.
