Ziming Ma is an employment discrimination lawyer based in Pingliang, Gansu Province, with eight years of experience protecting employee rights in the workplace. Mr. Ma focuses on discrimination matters affecting both Chinese and foreign employees, including cases involving nationality, gender, age, disability, and other protected characteristics under Chinese labor law.

Employment Discrimination Law in China

Mr. Ma advises employees and employers on their rights and obligations under Chinese employment discrimination law. The Labor Law of the People's Republic of China establishes the principle of equal employment opportunity, providing that laborers shall not be subject to discrimination in employment based on ethnicity, race, gender, or religious belief. The Employment Promotion Law further prohibits discrimination based on health status and provides that employers shall not refuse to employ persons on the basis that they are carriers of infectious disease pathogens, nor shall they implement gender-based discrimination in employment. Mr. Ma advises clients on the scope of these protections and the legal remedies available when discrimination occurs.

For foreign employees working in China, discrimination issues may arise in various contexts. Foreign employees may face different treatment in terms of compensation, benefits, promotion opportunities, or termination conditions compared to their Chinese colleagues. While Chinese law does not explicitly prohibit nationality-based discrimination in all contexts, Mr. Ma argues that the general principle of equal employment applies and that differential treatment based solely on nationality without legitimate business justification may violate the Labor Law's equal employment provisions.

Age discrimination is another area of Mr. Ma's practice. Under Chinese law, employers may not discriminate against job applicants or employees on the basis of age, except where age is a genuine occupational requirement. Mr. Ma handles cases involving age-based layoff decisions, promotion denials, and hiring practices, advising clients on the evidence required to establish a prima facie case of discrimination and the defenses available to employers.

Remedies and Dispute Resolution

Where employment discrimination is established, Mr. Ma pursues remedies through multiple channels. Employees may file complaints with the labor inspection authorities, who have the power to investigate and order corrective action. They may also apply for labor arbitration through the local labor dispute arbitration commission, seeking remedies including reinstatement, back pay, damages for emotional distress, and reasonable attorneys' fees. Mr. Ma has represented clients in discrimination-related arbitration proceedings before the Pingliang Labor Dispute Arbitration Commission and coordinates with employment lawyers in other jurisdictions for multi-jurisdictional matters.

Mr. Ma also advises employers on developing and implementing non-discrimination policies, conducting diversity training, and establishing internal grievance procedures to address discrimination complaints before they escalate to formal legal proceedings. He conducts compliance audits of employer policies and practices to identify potential discrimination risks and recommends corrective measures.

Mr. Ma earned his LL.B. from Peking University. Fluent in English and Mandarin Chinese, he is a member of the Gansu Lawyers Association's labor law committee and has published articles on comparative employment discrimination law in Chinese legal journals.

Workplace Harassment and Discrimination Prevention

Mr. Ma advises employers on developing comprehensive workplace harassment and discrimination prevention programs. Under Chinese law, employers have an obligation to maintain a safe and non-discriminatory work environment, and may be held vicariously liable for discriminatory conduct by their employees. Mr. Ma assists employers in drafting and implementing anti-harassment policies, establishing internal reporting and investigation procedures, and conducting mandatory training sessions for managers and employees on their rights and obligations under Chinese anti-discrimination law.

Gender discrimination remains a significant issue in Chinese workplaces, and Mr. Ma handles cases involving pregnancy-based discrimination, where female employees are terminated or denied promotion because of pregnancy or childbirth, which is explicitly prohibited under the Labor Contract Law and the Special Provisions on Labor Protection for Female Employees. He also advises on reasonable accommodation requirements for employees with disabilities under the Law on the Protection of Persons with Disabilities, including the requirement that employers with more than a certain number of employees reserve a percentage of positions for persons with disabilities.

Mr. Ma also advises foreign employees on their rights under Chinese law when facing discrimination based on nationality or race. While Chinese anti-discrimination law does not explicitly list nationality as a protected characteristic in all employment contexts, the general principle of equal employment applies, and differential treatment based solely on nationality may violate the Labor Law. Mr. Ma has successfully resolved several nationality discrimination cases through pre-arbitration negotiation, securing compensation for affected foreign employees.

Mr. Ma also advises on the intersection of discrimination law and China's data privacy framework. Under the Personal Information Protection Law, employers who collect and process employee personal information, including sensitive information such as health data, biometric data, and ethnicity, must comply with specific requirements including obtaining separate consent, implementing appropriate security measures, and limiting collection to information necessary for the employment relationship. Mr. Ma assists employers in developing compliant data processing policies that also respect employees' rights to be free from discriminatory use of their personal information in employment decisions.