Courts reluctant to take on cases involving discrimination

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On 6 January 2014, the Guangzhou Municipal Yuexiu District People’s Court accepted the first household permit (hukou) discrimination case ever heard in Guangdong province.

In this case, the employer specified in its online recruitment advertisement that the position was open to persons with Guangzhou household permits only. One candidate with a non-local hukou was rejected. He then claimed that he was discriminated against based on his household permit status. After his lawyer reportedly visited the court five times, the judges finally agreed to accept the case. The final ruling is still pending.

DiscriminationIn another case, the Beijing Municipal Chaoyang District People’s Court refused to hear a claim alleging discrimination on the basis of sexual orientation. The company’s CEO had made an offer of employment in a TV show, but the company later refused to sign a contract, allegedly because it found out that the candidate was gay.

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Business Law Digest is compiled with the assistance of Baker & McKenzie. Readers should not act on this information without seeking professional legal advice. You can contact Baker & McKenzie by e-mailing Zhang Danian (Shanghai) at: danian.zhang@bakermckenzie.com

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