Chinese Laws and Regulations on Sexual Harassment in a Hostile Work Environment: Employers' Liability in Comparison with U.S. Regulation

Based on the current legislative and judicial background in China, this article focuses on the issue of sexual harassment in a hostile work environment, and points out the main regulatory content, legal remedies, and deficiencies in judicial practice of the current Chinese law. It also compares the main regulatory methods of the United States in this field, summarizes its more perfect employer liability types and judicial remedies, and on this basis discusses the possible legal improvement direction of China's regulation of sexual harassment in a hostile work environment. This paper attempts to take into account the actual problems in China and the legal system of diversified dispute resolution, and argues that it is possible to fill the relevant legal loopholes and promote the enhancement of the legal protection of women's human dignity and natural rights by mainly focusing on the delineation of specific employer's liability modes and the promotion of specific remedies that can be implemented, and puts forward relevant and feasible recommendations.

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Publication Details

Journal
Transactions on Social Science Education and Humanities Research
Published
2024-08-29
DOI
https://doi.org/10.62051/6y5y1631
Primary Topic
Business Law and Ethics
Type
article
Field-Weighted Citation Impact
0.00
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article

Chinese Laws and Regulations on Sexual Harassment in a Hostile Work Environment: Employers' Liability in Comparison with U.S. Regulation

Xinyi Wang
Transactions on Social Science Education and Humanities Research
Business Law and Ethics
article

Chinese Laws and Regulations on Sexual Harassment in a Hostile Work Environment: Employers' Liability in Comparison with U.S. Regulation

Xinyi Wang
article en

Abstract

Based on the current legislative and judicial background in China, this article focuses on the issue of sexual harassment in a hostile work environment, and points out the main regulatory content, legal remedies, and deficiencies in judicial practice of the current Chinese law. It also compares the main regulatory methods of the United States in this field, summarizes its more perfect employer liability types and judicial remedies, and on this basis discusses the possible legal improvement direction of China's regulation of sexual harassment in a hostile work environment. This paper attempts to take into account the actual problems in China and the legal system of diversified dispute resolution, and argues that it is possible to fill the relevant legal loopholes and promote the enhancement of the legal protection of women's human dignity and natural rights by mainly focusing on the delineation of specific employer's liability modes and the promotion of specific remedies that can be implemented, and puts forward relevant and feasible recommendations.

Transactions on Social Science Education and Humanities ResearchVol. 12
Renmin University of China (CN)
Gender equality
Openalex Percentile: Top 77%
Business Law and Ethics
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