Discriminate against the biggest case and open a court session in employment of AIDS of our country Admitting admission criteria by examination becomes focuses

Discriminate against the biggest case and open a court session in employment of AIDS of our country Admitting admission criteria by examination becomes focuses
Discriminate against the biggest case and open a court session in employment of AIDS of our country Admitting admission criteria by examination becomes focuses
Will it be a.m. 9 o'clock October 13, autumn rain suspend, present a burst of slight chill in the air in the air, the intersection of Anhui Province and the intersection of An'qing and city in the the intersection of downtown area and dark lane meet the intersection of river and the intersection of district people's court and the 2nd floor at ground, " the biggest case of employment discrimination of AIDS " Sit at session as scheduled. In order to protect the information of individual privacy, the plaintiff attorney has applied not to try to the court publicly, plaintiff Xiao Wu (assumed name) Have not appeared at the court's trial scene either. Folk the intersection of anti-discrimination and the intersection of public service and the intersection of organization and the intersection of Beijing and benefit benevolence flat for FangQiang Yu, person in charge of centre, to submit to court, sign by plaintiff approve audit and applies, but not been permitted. Several dozen media reporters, wait out of court. At 20 past 10, the court adjourns the court for 10 minutes, the course of court's trial lasts to 40 past 11 a.m. subsequently. The defendant lawyer was not interviewed by media, left the court immediately. Though court pronounce in court, 20 -year-old Xiao Wu, lad of Qing, An " take for first step that safeguard the rights by oneself " . In May of this year, Xiao Wu joined directly subordinated school teacher's recruitment test of An'qing that municipal bureau of education of An'qing organizes, and participated in the written examination on May 19. The written examination, through the back, that he has then passed interview for June 28. July 12, under the intersection of An'qing and municipal arrangement of bureau of education, Xiao Wu the municipal hospital made the physical examination in An'qing. However, after the physical examination, Xiao Wu is told its result of physical examination is problematic by bureau of education. Later on through examining again, Xiao Wu is confirmed, " HIV-1 antibody is positive " . The bureau of education has made to Xiao Wu " the physical examination is not up to standard, refuse to employ " Decision. Xiao Wu thinks, " HIV-positive " in incubation period On the ability to work and other people are not any different, the law expresses regulations and protects the labourer's equal employment right, then lodge a complaint against municipal bureau of education of An'qing. In the indictment, the plaintiff proposes the claims: Confirm the defendant asserts the behavior that will not be employed not up to standard of plaintiff's physical examination breaks the law; Order the defendant to employ the plaintiff for concrete administrative behavior of the directly subordinated school teacher of An'qing,etc.. Before opening a court session, plaintiff Xiao the Wu 's - -Municipal human resources and social security office of An'qing add extra as the defendant. "Is it that an applicable teacher admit by examination that the civil servant admit the standard by examination? " After the court's trial, plaintiff attorney's auspicious wind square flat lawyer Li of lawyer's office of Beijing has been interviewed by reporter, according to him, " the civil servant admits the standard by examination that an applicable teacher admits by examination " , " the civil servant is employed the universal standard of physical examination is legal " ,Become two major focuses argued on the same day. Li FangPing says, besides constitution, labour law, our country's other relevant laws and regulations have clear protection on rights of various fields of obtaining employment in the HIV-positive's equality etc. too; The teacher is not a civil servant, the teacher recruits and refuses to record HIV-positives illegally according to civil servant's physical examination standard. " employment promotes the law " implemented from January 1, 2008 stipulates: "The employing unit employs and uses personnel, can't refuse to be employed on the grounds that it is a pathogen carrier of infectious disease. " Li FangPing thinks, the HIV-positive (persons who carry) Enjoy the right of equal employment in accordance with the law, the health of Xiao Wu has not presented AIDS symptom at present. The municipal bureau of education of An'qing replies in the administration and invokes " personnel's temporary provisions that the public institution recruit in the form publicly ", provisions such as " regulations implementing method of the qualification of teacher ", " implementing regulation of qualification of teacher of Anhui Province ",etc., and point out there are clear requirements on health condition in the teacher post, the person with infectious disease or spiritual medical history can't be engaged in teacher's job; In addition point out, gonorrhoea, syphilis, AIDS are still classified as class-B infectious disease and manage according to " infectious disease prevent and cure law " also. The municipal bureau of education of An'qing says, different from B-mode person who carries hepatitis virus, " person who carries HIV " does not exist Concept this, have " person who carries HIV, not up to standard " Statement. Because " nearly 100% will have illness coming on after HIV infects " . "So, the diagnosis that HIV infects is confirmed, namely do the conclusion of the physical examination not up to standard. " "This is that one kind is authorized oneself, it is arbitrary to exist. " Li FangPing thinks, teacher and civil servant are different arrays, the location law regulation that did not go, the teacher admits the physical examination standard of wanting the applicable civil servant by examination. "Otherwise why applicable police, physical examination standard of soldier it will be it. " The municipal bureau of education of An'qing says, e civil servant is employed " publicly to stipulate in teacher's announcement that carries on the physical examination in applying for personnel according to " universal standard of physical examination that the civil servant is employed ", this was made according to the human resources and the regulatory files of the social security drawing room and municipal government of An'qing of Anhui Province. This standard is unified applicably to all applicants, does not discriminate against phenomena. The municipal bureau of education of An'qing thinks, the plaintiff, as an adult with totally civil capacity, has recruited clearly and participated in and registered under the situation of the announcement content, on indicating it would like to carry on fair play according to the unified standard. "It is a kind of administrative behavior too to release the announcement, must possess legitimacy, this announcement of recruiting violates the location law on several items. " As to this, the plaintiff's another attorney Zheng Ji can show, there are clear regulations in the public servant law, when the civil servant carries out the public affair, think incorrect higher authorities' decision or order, can put forward to higher authorities and correct or cancel the suggestion of this decision or order. Zheng Ji can be thought, in this case, should employ the civil servant the common physical examination standard carries on the legitimate examination. The civil servant is employed is the common physical examination standard legal? This has become the focus outside the front yard too. "If all trades and professions all recruit people according to civil servant's physical examination standard, the HIV-positive is unable to find any work. " Yu FangQiang says, in recent years, discriminates against the phenomenon and emerges in an endless stream in employment, some policies remain to be complete, the policy loophole remains to remedy. According to his introduction, in the afternoon of October 13, the flat centre of benefit benevolence of Beijing of public service mechanism of folk anti-discrimination sends to human resources and social security portion, Ministry of Public Health feudally and discusses the letter, propose sical examination " break the law whether " universal standard of physical examination that the civil servant is employed " and clause in " the civil servant is employed the service manual of physical examination " break the law w as soon as possibling, it causes the clause discriminated against to the HIV-positive in this standard to delete or revise, dispel and discriminate against to the HIV-positive's system healthily, and from operating and stopping the discrimination of the HIV-positive on the aspect specifically. " hope the society can pay close attention to people of this group of edges of ours " Because the HIV-positive has a great deal of worry, so, maintain the case of one's own employment right and has not presented yet by lawsuit route, many the intersection of law circle and insider call case this " employment promote law " implement, ", discriminate against the lawsuit in a AIDS employment in our country. Just in the court It is fierce while argueing to launch, Xiao the Wu 's waits for the result anxiously. At present, graduate from the normal school? Shelf whether �� of �� girl the intersection of Pian and the intersection of female phoenix and the intersection of �ѧ� and 8 kind �, Shun of myna, call, drop down ���� shoulder Ju of perch shoe rose? The salary about 000 yuans, but this can not let him feel satisfied: "If I could become the formal teacher, the salary must be a little higher, it is so tired now and will not look like, the therapeutic condition must be a little better. " As the reporter asks, why dare to stand out when being chosen the lawsuit route, Xiao Wu answers: "I think this is linked to with surviving, what if not having economic source? My idea is very simple, want a good job, there can be money and cure the disease. " "Hepatitis B stand up, why may AIDS give lenient treatment? " Xiao Wu is hopeful to future: "The first person stands up, a lot of people stand up behind. If the national relevant regulation could change, I can also go to the other places to test the teacher or civil servant. " This does not " study during the university very hard, but is very good at the examination " Rural youth,actually could live by the ones relatively stable urban life, but turn on one of big jokes of destiny and he. However, nobody around knows everything coming to Xiao Wu to happen on one's body in more than 3 months in these, including his parents. "They are countrymen too, does not have knowledge of AIDS, once they know, also will fall into the fear. " Now, Xiao Wu drifts apart consciously and contacts between the friends. "About my case, has had many news reports already, fear them and mention this in front of me. " "I hope the society can pay close attention to people of this group of edges of ours. " The network nearly becomes Xiao Wu's only information channel external in understanding. When there are no other people, he can use the mobile phone to surf the Net, understand some medical knowledge, and netizen's response to this. But reporter find many netizen still the intersection of strength and the intersection of An'qing and municipal method of bureau of education very browse through some forum. As to this, Xiao Wu feels " very normal " ," because they do not find out about AIDS " . But it makes him to be unacceptable to be, " have netizen propose, want, isolate, stand up us even, think I have worked as a teacher, will hurt children. " Seeing these, Xiao Wu is a bit sad. A law worker insisting on anonymity tells reporters, he opposes AIDS is discriminated against, sympathize with experience of Xiao Wu, but as one parents, he accept one reality that HIV-positive stands on lecture platform. "Respect of used toing etc. of involving ethics, culture of this question. " "Once Xiao Wu win a lawsuit, how find a room for he, this whether government department need difficult problem that face too. How to make sure the school would like to accept, does not the party reveal personal secrets? " This legal job reminds the reporter. As to this, Xiao Wu has worry too: "If go to work again, one's own ' the identity ' is very easy to expose, can only wait for the lawsuit result first now. " "Obviously, in actual life, this problem is that the legal aspect can't be solved completely. " This law worker says.


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