At 9:00 A.M. October 13, the autumnal rains stops and deeply wears a repeatedly cool idea in the air, at be located in busy streets the province Anne of Anhui within deep lane celebrate city to face a river the area court of the people 2nd floors 4 law courts, "the moxa Zi disease employment bias first case" trails on schedule. Is personal privacy information for protection, the plaintiff acts for the lawyer applied for toward the court unjust trail a reason, plaintiff little Wu(use alias) didn't also appear in the court to review the spot.Folks anti- bias public-spirited organization benefit Ren even center representative director of Peking in square strong toward the court handed in a signing to approve from the plaintiff of audit an application, but wasn't admitted.Several media reporters, stay and wait in law court outside. At 10:20, law court rests a court for 10 minutes, court's reviewing process had been keeping on till 11:40 A.M. later on.The accused lawyer didn't accept a medium interview and immediately left law court. Though law court didn't announce verdict after the indictment, but, 20-year-old Anne celebrates a small the son is little Wu"the exceeding maintains the rights for oneself of square one". In May, this year, little Wu took part in Anne whom Anne celebrates city Bureau of Education organization to celebrate city City to keep teacher job advertisement examination in school, and took part in a written test on May 19.After written test passes, he immediately after passed the personal interview on June 28.On July 12, celebrate the arrangement of city Bureau of Education at Anne under, little Wu celebrated a municipal hospital to do a check-up at Anne.However, check-up later on, little Wu is told its check-up result by the Bureau of Education to contain problem.Afterwards after double check, little Wu is confirmed, "antibody HIV-1 masculine gender".Bureau of Education to little Wu Zuo Chu the decision of"the check-up is unqualified, not to employ". Little Wu thinks that be placed in"moxa Zi the virus infected person of the disease" of incubation period has no dissimilarity with others in working ability, law clear statement rules protection worker of equal employment right, hence celebrate Anne city Bureau of Education to tell to go to law court. In the indictment, the plaintiff files a litigation claim:Confirm accused to affirm plaintiff's check-up is unqualified to not is illegal to the behavior employing;Order accused to make to employ concrete administration behavior etc. that the plaintiff celebrates city City to keep teacher in the school for Anne. Before holding court, plaintiff little Wu will carry out another unit-Anne of job advertisement to celebrate city human resource and society to guarantee a bureau to annex for the accused together again. "Does the public official advertise for employees if the standard applies a teacher to advertise for employees?" After court reviews to end, the plaintiff acts for a lawyer Rui breeze law firm in Peking the Li Fang Ping lawyer accepted the reporter's interview, he reveals, "the public official advertises for employees whether the standard applies a teacher to advertise for employees", " the public official employ in general use standard of check-up whether is legal", become the two greatest foci,focuses that argue on that day. Li Fang Ping said that in addition to constitution, labor a method,womens sunglasses our country other related law lawses also have explicit protection to the equal employment etc. everyone's noodles right of the virus infected person of moxa Zi disease;The teacher isn't a public official, the teacher invites to refuse to record the virus infected person of the disease of moxa Zi according to the check-up standard of public official illegal.《The employment promote a method 》 implemented from January 1, 2008 rules:"Recruit to use a personnel with person's unit, can not be infectious disease cause to take to employ for from refusing."Li Fang Ping thinks that moxa Zi the virus infected person(take) of the disease possesses the right of equal employment by law, little Wu's body didn't appear moxa Zi currently disease-like in shape. Anne celebrates Bureau of Education's experienced government of city the rejoinder cited 《the business unit opens to invite a personnel temporary rules 》, 《 teacher qualifications regulation implementation way 》, 《 Anhui qualifications ordinance of teacher Xing 》 in the form etc. stipulates, and point out teacher's post to the body condition have explicit request, having the person of infectious disease or mental illness history can not be engaged in teacher's occupation;Also 《infectious disease prevention and cure method 》 indicate in addition that the gonorrhea, syphilis and moxa Zi disease be still listed as B infectious disease to carry on a management. Anne celebrates city Bureau of Education to mean, take with B type hepatitis virus different, nonexistent"moxa Zi the virus of the disease take" this all reads and has no the parlance of "moxa Zi the virus of the disease take, so is unqualified".Because, "HIV is infected behind almost 100%s will be taken bad"."So, HIV the diagnosis of the infection as soon as confirms, then makes check-up unqualified conclusion.""This is a kind of ego authorization, exist arbitrarily sex."Li Fang Ping thinks that the teacher and public officials are different sequences, have no place of honor laws to settle, the teacher advertises for employees the check-up standard he/she to apply a public official."Otherwise of words, it why the check-up standard of the police of the obsolescent, soldier.The " Anne celebrates city Bureau of Education to mean, celebrate city City to keep a school to open to invite teacher's Mr. to show at Anne in stipulate according to 《 public official employs in general use standard of check-up 》carry on a check-up towards accepting appointment a personnel, this is according to province human resource in Anhui and society guarantee the hall and Anne celebrate city people government of the norm document make.The standard to all accept appointment unified apply, nonexistent bias phenomenon. Anne celebrates city Bureau of Education to think, the plaintiff is an adult that has complete civil case behavior ability, at explicit job advertisement announce the circumstance of contents under take part in to register, express it would like to according to unified of the standard carry on fair competition. "Release to announce is also a kind of administration behavior, have to have a legitimacy, this job advertisement announced to breach a few place of honor methods."To this, the plaintiff's another agency lawyer after can mean, there is explicit rules in the method of public official, when the public official carries out official business think that the superior's decision or order contain the false, can upward the class put forward to correct or dissolve the opinion of the decision or order.Zheng Ji Neng thinks that in this case, should employ in general use check-up standard to carry on a legitimacy reviewing to the public official. Does the public official employ if the in general use check-up standard is legal?This also became the concern focus out of the court. "If every trades all invite a person according to the check-up standard of public official, moxa Zi the virus infected person of the disease can not find out any work."Is strong to mean at the square, in recent years, the employment bias phenomenon piles up one after another, some policies treat perfect, the policy loophole needs to be made up. Introduces according to him, the afternoon of October 13, civil anti- bias the public-spirited benefit Ren even center in organization Peking sent one toward the human resource and the social guarantee department, health department feudalism argument letter, suggest to investigate the item in 《the public official employs in general use standard of check-up 》and 《 public official to employ a check-up user manual 》 quickly whether break the law, delete or modify to result in in the standard the item that discriminates against to the virus infected person of the Zi disease of moxa, cancellation for the system healthy sex of the virus infected person of moxa Zi disease bias, and eradicate completely the bias of the virus infected person to the moxa Zi disease from the concrete operation level. "Hoping the society can pay attention to our these edge persons" exists because of the virus infected person of moxa Zi disease many worry, so, pass litigation path to support the case of oneself employment right haven't appeared, after many law fields industry insider calls this case 《employment promote method 》 implementation, our country the moxa Zi disease work to discriminate against a litigation case. Launch vehemence to argue in law court of, little Wu still just a county city out of more than 100 kilometers anxiously wait for a result.Currently, he who graduate from teacher Fan profession has already had a teacher Ke at a school stem, can get hold of 1000 dollars or so wages monthly, but this can not let himFeel satisfied:"If I can become a formal teacher, wages affirmation has to is a little bit high, and can't be like so tired now, condition affirmation of the treatment is good friends with some." When the reporter starts to ask, why dare to stand out to choose litigation path, little Wu Da Dao:"I feel this is with existence contact together, have no economic source how do?My viewpoint is easy, be want one good work, can rich cure.""B livers all turned over a body, why can the moxa Zi disease not be lenient with offenders?"Little Wu entertains to have a hope to the future:"The first is personal uprising, after death stand up for the meeting many people.If the nation is related to stipulate to change, I can test teacher or public official still in other places." The village youth of this"university the period is to study hard very much, but excel examination very much" originally can lead life in the city of opposite stability, destiny and he opened a not small fun.However, surroundings no one knows this more than 3 months to come to little Wu Shen up take place of everything, including his parents. "They are also villages person, there is no the knowledge of moxa Zi disease, once they knew, will also sink into to fear in."Now, little Wu You consciously neglected and the association of the friend's."As for my legal case, there has been many news reporting, fear them to mention this matter in front of me.""I hope that the society can pay attention to our these edge persons."The network almost became little Wu to understand outside of the only information outlet.Have no side person of time, he will by hand net on board, understand some medical science knowledge, and the reaction of the netizen to this matter. However, the reporter discovered while browsing some forums, many netizens still a dint stood Anne to celebrate the way of doing of city Bureau of Education. To this, little Wu feels "very normal"s, "still don't understand moxa Zi because of them disease".But, let he can not accept of BE, "the netizen even put forward and insulate us and think that I was a teacher, will harm a kid."See these, little Wu is a bit sad. A law worker who doesn't wish to reveal name tells a reporter, he opposes the bias of the disease of moxa Zi and also sympathizes with little Wu's situation, but as a parent, he still keeps picking up virus infected person who can not stand a moxa Zi disease to stand on the reality on the platform."This problem concerns ethics, and cultural habit...etc..""Once little Wu won in lawsuit, how settle him, this is also the government section to need the hard nut to crack for facing.How attain a school would like to accept,Womens Cartier SunGlasses doesn't the party concerned privacy reveal?"This law work reminds a reporter. To this, little Wu also has a worry:"If go to work again, own of'identity'expose very easily, can wait litigation first just now result.""Obviously, in the real life, this problem is what law level can not thoroughly solve."This law worker says.
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