Does a company¡¯s rejection of a female applicant within three minutes of resume review¡ªciting ¡°male candidate preferred¡± despite no gender restrictions in its job posting¡ªinfringe upon her right to equal employment? How did the people¡¯s court rule?

[Case Review]

Xiao Li (a pseudonym) is a recent university graduate. By chance, she found a position of "legal affairs specialist/assistant" posted by a company in Shanghai that closely matched her qualifications. Since the company had not specified any gender requirements for applicants, she submitted her resume. However, it is unexpected that the online recruitment platform¡¯s system revealed that the company rejected her application with a notification¡ª¡°Your resume was eliminated¡±¡ªwithin a mere three minutes of reviewing her resume. Puzzled by the abrupt rejection, Xiao Li proactively reached out to the company to inquire about the reason. In response, the company stated, "We prefer to hire a male candidate." She pressed for a legitimate justification, but the company offered no further explanation.

From her perspective, the gender-based hiring decision constituted unjustified differential treatment, violating her right to equal employment and amounting to gender-based discrimination under the law. She subsequently filed a lawsuit with the people¡¯s court.

The company argued that the position was ultimately filled by a female candidate, and thus there was no discrimination. As for the statement ¡°male candidate preferred,¡± it was intended to ease Xiao Li¡¯s discomfort over not being hired.

[Case Study]

However, after reviewing the case, the Pudong New Area People's Court ruled that it shall not be allowed, in the recruitment of staff and workers, to use sex as a protext for excluding females from employment or to raise recruitment standards for the females. Therefore, the court did not accept the company¡¯s explanation.

Ultimately, the Court supported Xiao Li¡¯s claims and ordered the company to compensate her for mental damages of CNY 3,000.

I. The law protects the right to equal employment

The right to equal employment is a fundamental right of citizens. While employers enjoy the right to independent employment, they should also ensure the equal employment opportunities of job applicants. Women are entitled to equal employment rights with men under the law.

In this case, the company rejected Xiao Li's job application on the grounds that "we want to recruit a male candidate," implying that Xiao Li got eliminated from the initial screening simply because she is a woman. In addition to the publicly announced job requirements, the company set additional gender thresholds and extended different treatment to female job seekers, which constituted an infringement of Xiao Li's right to equal employment and the company should bear tort liability according to law.

II. Companies should recruit in accordance with laws and regulations

Throughout the recruitment process, companies should abide by legal provisions, ensuring that each step-from posting recruitment information, screening resumes, to interviews and recruitment- is transparent and legitimate to ensure fairness and justice. It shall not be allowed, in the recruitment of staff and workers, to use sex as a protext for excluding females from employment or to raise recruitment standards for the females. Certain social responsibilities shall be assumed by companies to guide job seekers to take the first step into society. Recruiting in accordance with laws and regulations can reduce possible legal risks and enhance the social image of companies, lay a solid foundation for the long-term development of companies, and promote the social employment environment to develop in a more fair and harmonious direction.

[Representative Comments]

Xin Jiqing, Deputy of the Shanghai Municipal People¡¯s Congress, director of the Women¡¯s Committee of the Huangpu District Committee of the China National Democratic Construction Association, and Assistant Principal of the Shanghai Pudong New Area No.2.Center Primary School.

The right to equal employment is an important part of a modern society ruled by law. China's Labor Law and Employment Promotion Law explicitly prohibit gender discrimination in employment. However, covert discrimination still stifle their professional growth

A standardized recruitment process shall be established to ensure that each step-from posting recruitment information, screening resumes, to interviews and recruitment- is transparent and legitimate. In this case, the company disqualified candidate on the grounds of gender. After trial, the people's court ruled that the behavior constituted infringement, which clearly conveyed that "gender cannot be served as an invisible barrier to recruitment", and provided a powerful judicial example for cracking down on invisible discrimination in the workplace.

The ruling in this case not only clarifies the criteria for identifying employment discrimination and highlights the law's protection of workers' rights, but also reveals the "gray areas" in the recruitment market where there is an appearance of fairness but in reality, there are disparities. It has positive practical significance in breaking down the invisible barriers to women's employment.

[Relevant Laws]

I. Labor Law of the People's Republic of China

Article 12 Laborers shall not be discriminated against in employment, regardless of their ethnic community, race, sex, or religious belief.

Article 13 Females shall enjoy equal rights as males in employment. lt shall not be allowed, in the recruitment of staff and workers, to use sex as a protext for excluding females from employment or to raise recruitment standards for the females, except for the types of work or posts that are not suitable for females as stipulated by the State.

II. Employment Promotion Law of the People's Republic of China

Article 27 The State guarantees that women enjoy equal right to work as men.

lt shall not be allowed, in the recruitment of staff and workers, to use sex as a protext for excluding females from employment or to raise recruitment standards for the females, except for the types of work or posts that are not suitable for females as stipulated by the State.

When an employing unit recruits female workers, it shall not have such provisions as restrict female workers from getting married or bearing a child included in the labor contract.

(Case prepared by Huang Dingfeng from the Pudong New Area People's Court)