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在美国,为使残疾人免遭歧视,联邦和州通过立法实施干预,以确保残疾人雇佣机会平等、全面参与社会生活、独立生活和经济上自给自足。实质性限制了一个人一项或多项主要生命活动的身体或精神之损害,构成残疾。立法详尽规定禁止雇佣歧视的种种情形,兼顾雇主的合理要求,并避免可能给第三人及公众带来的风险。法律对公立雇主的要求高于私立雇主。美国反残疾歧视立法内容包括实体规定、程序安排、权利救济等,这对于我国客观全面理解残疾并完善相关立法和公共政策有较大启发。
In the United States, in order to prevent persons with disabilities from being discriminated against, federal and state legislatures intervene to ensure that persons with disabilities have equal opportunities for employment, are fully involved in social life, live independently and are financially self-sufficient. Substantially limit the physical or mental damage of one or more of the main life activities of a person and constitute a disability. Legislation sets out in detail all the circumstances that prohibit discrimination in employment, takes into account the reasonable demands of employers and avoids the risks that may be posed to third parties and the general public. Law requires more on public employers than private employers. The legislation on anti-disability discrimination in the United States includes substantive provisions, procedural arrangements and remedies of rights, which have great inspiration for our country to objectively and comprehensively understand disability and improve related legislation and public policies.