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“招聘要求属地户籍”,算不算就业歧视?
Nan Fang Du Shi Bao· 2025-08-16 12:51
Core Viewpoint - The recent court ruling regarding the requirement of local household registration for state-owned enterprise recruitment has sparked public attention, highlighting potential employment discrimination issues in China [1][2][3]. Group 1: Legal Context - The Employment Promotion Law prohibits discrimination based on ethnicity, gender, and religion, but the interpretation of "etc." could imply that household registration discrimination may also be included [1]. - The Interim Regulations on Human Resources Market, effective from October 1, 2018, state that no local entity should impose restrictions based on household registration or regional identity [1]. Group 2: Court Rulings - Both the first and second trials ruled against the plaintiff, Chen, primarily due to the defendant's justification that the job's requirements were closely related to local communication needs [2]. - The court found that while the requirement for Ningbo household registration may be justifiable for specific roles, applying such restrictions broadly across various positions raises questions about fairness [2]. Group 3: Discrimination Assessment - The court assessed the subjective malice of employment discrimination, concluding that the requirement for Ningbo residency did not explicitly target specific regions, thus lacking evident malicious intent [3]. - However, the broad application of local residency requirements effectively discriminates against all non-local applicants, undermining equal employment rights [3]. Group 4: Recommendations for Recruitment Practices - It is suggested that recruitment processes should avoid imposing local household registration unless absolutely necessary, and if needed, the phrasing could be adjusted to prioritize local candidates under equal conditions [4]. - This approach would foster a more respectful environment for non-local applicants and reduce perceptions of discrimination [4].