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《劳动法》初步确定了反就业歧视法的调控对象,并从劳动者特质、用人单位行为和特质与行为关联性三个要素定义就业歧视;初步奠定了反就业歧视法的调控依据,从用人单位用人自主权与劳动者平等就业权的两权对立出发,论证调控的正当性;初步厘定了反就业歧视法的调控手段,建立了旧的非法律调控手段与新的法律调控手段并存的制度结构。《劳动法》所揭示和规定的中国反就业歧视法的规范生成逻辑,既是这一领域的发展线索,又是其评价依据,因而是当代中国反就业歧视法的起源。
The Labor Law initially identified the object of regulation and control of the anti-employment discrimination law and defined the employment discrimination from the three elements of the characteristics of the laborer, the behavior of the employer and the relevance of the behaviors. It laid the foundation for the regulation and control of the anti-employment discrimination law, The unit of employment autonomy and equal employment rights of workers starting from the two rights to demonstrate the legitimacy of the regulation and control; preliminary determination of the anti-employment discrimination law regulation and control measures, the establishment of the old non-legal regulatory tools and the new legal regulation and control coexist with the system structure. The normative generation logic of China's anti-employment discrimination law as disclosed and stipulated in the “Labor Law” is both a clue to development in this field and a basis for its evaluation. Therefore, it is the origin of contemporary anti-employment discrimination law in China.