On April 28, 2012, the State Council of China issued the Special Rules on the Labor Protection of Female Employees (the “Rules”). These Rules aim to reduce and address the difficulties encountered by women at work due to sex-based physical differences and to protect women’s health. The Rules require employers to improve the labor safety facilities and reduce health concerns.
According to the court's decision, the employer bears the burden of proof for the grounds for termination and dismissal asserted by the employer. If the employer bases termination on the possibility that the employee falsely accused her superior of sexual harassment, the employer must prove that the employee knowingly made false accusations, thus providing a valid reason for termination.
Facts of the Case
As implemented under The Virginia Values Act, Virginia law prohibits local government entities, including departments, agencies, and boards, from engaging in employment discrimination on a broad range of protected grounds. These grounds include race, color, religion, national origin, sex, pregnancy and related factors, such as age, marital status, disability, sexual orientation, gender identity, and military status.
Article 14 of the Labor Code prohibits employment discrimination on the basis of sex, as well as race, color, religion, political opinion, national or social origin, or any other condition. Article 151 provides specific protections for women, prohibiting employers from treating single and married women differently, from dismissing pregnant or breastfeeding workers unless there is just cause, or from requiring pregnant women to perform heavy physical labor during the last three months of pregnancy.
The Labor Code of Nicaragua guarantees equal treatment and opportunities for workers, prohibiting all forms of discrimination. Fundamental Principle XIII establishes that every worker has the right to equal pay for equal work, without distinction, in recognition of the dignity of the human person. Article 17 reinforces this principle by prohibiting employers from engaging in discriminatory practices that limit or exclude access to employment, including demanding payment or compensation in exchange for a job.
Article 315 of the Nicaraguan Penal Code criminalizes employment discrimination.
The Constitution of the Republic of Ecuador establishes the rights that all people, regardless of gender, shall enjoy. For example, Article 11.2 stipulates that no person may be discriminated against on the basis of gender, among other criteria. In accordance with Article 27, education must promote equality among men and women. Article 32 explains that the State guarantees health rights through permanent, timely, and non-exclusionary access to programs and services for integral, sexual, and reproductive healthcare.
The Constitution of the Republic of Seychelles guarantees fundamental rights and protections. Article 16 prohibits torture, cruel, inhuman, or degrading treatment, while Article 17 bans slavery and forced labor. Article 27 affirms the right to equal protection of the law and prohibits discrimination on grounds including sex. Article 31 protects children from economic exploitation and establishes a minimum employment age of 15 years. Article 32 regulates marriage, including prohibiting marriage between individuals of the same sex.
Section 14 of the Employment of Women, Young Persons, and Children Act (the “Act”) prevents women from working at night on industrial sites, whether public or private. The Act provides exceptions, including cases where a woman holds a position of management and is not normally engaged in manual work, in force majeure situations, or when the work involves raw materials, and such work is necessary to prevent loss of the materials.
