Dilemma of employment discrimination against American LGBT employees and its judicial response from the perspective of China

Bibliographic Data

ID10253285
AuthorsHaonan Yang (0000-0001-6917-7152, School of Law, Guangdong University of Foreign Studies, Guangzhou, China, corresponding author)
Year2023
Volume64
Issue5
Pages514-527
Publication date2023-09-03
Open AccessNo
TypeARTICLE
VenueLabor History (JOURNAL)
Journal identifiersISSN: 0023-656X • E-ISSN: 1469-9702
PublisherInforma UK Limited (PUBLISHER • GB)
DOI10.1080/0023656x.2023.2225428
OpenAlexW4381615075
LanguageEN
References cited8

The United States is an unavoidable setting for Chinese academics researching China’s employment anti-discrimination laws. In the U.S. the LGBT employee population has experienced significant employment discrimination and persistent obstacles in pursuing equal employment opportunity rights. The U.S. Supreme Court has broadened the definition of sex discrimination in three recent consolidated cases based on the opinion that discrimination because of sexual orientation and gender identity is essentially sex discrimination, granting LGBT employees equal employment opportunity rights under groundbreaking case law. This is in line with the rationale of the employment anti-discrimination laws, which forbid employers from discriminating against employees based on their immutable and uncontrollable characteristics, and offers extraterritorial experience to improve employment anti-discrimination laws in other countries, such as China

Age discrimination · China · Demographic economics · Dilemma · Economics · Employment discrimination · Equal employment opportunity · Gender discrimination · Labour economics · Labour law · Perspective (graphical · Political science · Population · Sexual orientation · Sociology · Supreme court · Business Law and Ethics · Discrimination and Equality Law · Gender Studies · Law · Sexual Assault and Victimization Studies

Tools

Open DOI