The urgency of passing a law to curb blatant job discrimination was never more apparent in one case in Hunan Province. Women from the province applying for government jobs had to demonstrate they had symmetrically shaped breasts.
The rule, which had aroused public uproar, was fortunately scrapped in March of last year.
For years, rigorous requirements for height, gender, age or physique have existed to screen job applicants.
Height and weight count, as numerous job advertisements have shown.
But the discrimination is a stark violation of human rights. People are born equal. Those who are younger, better looking, hold higher statures, or own a permanent local residence should be in no way considered "more equal" by employers.
It is an individual's professional abilities that should be the deciding factor in landing a job.
It is for this reason that we cheer for and pin high hopes on the drafting of the country's law on the promotion of employment. However, legislators admitted it is not yet listed on their imminent agenda.
Opinions on the draft said to include employment discrimination based on age, sex or permanent residence, among others are being gathered from central ministries and provincial governments.
Despite its uncertain prospects, the draft sends an unmistakable message that the country is serious about tackling this controversial issue.
The legislative effort is particularly valuable because in an extremely competitive job market, the possibility is greater that some job hunters are denied employment for reasons other than their professional incompetence.
This is not an issue of a company's freedom to choose its employees. Traditional corporate theories hold that enterprises are responsible only for maximizing profits. But modern theories have gone further to demand that they contribute to the promotion of social well-being.
The Labour Law states that workers shall not be discriminated against in employment due to their nationality, race, sex or religious belief. But it lacks teeth because it stops short of including more articles to protect individuals and does not include damages.
We would like to see a law that does not repeat the labour law failure.
Without an effective law, individuals' social conscience will not be enough to prevent rampant employment discrimination, which affects human resources and the social well-being of society.
Admittedly, legislators will face many difficulties as they have to weigh in the competing interests between the government, enterprises and individuals. Some lawmakers have expressed concerns about the upcoming challenges.
We have no choice but to make a law that can truly protect people's equal rights in employment.
Predictably, it will take a long time for the law to be created, let alone enforced effectively. Even with such a law passed and enacted, some unlucky people will still have to pay dearly before discrimination is significantly rooted out.
But the drafting of such a law, at least, is a cause for celebration. We have made the right first step.
The next step would be to solicit opinions from the public so that they can have more say in the making of a law that is of immense significance to all.
(China Daily September 9, 2005)
