In 1958, ILO adopted the Discrimination (Employment and Occupation) Convention; it is the earliest work on the Elimination of all forms of discrimination and to promote equality provisions of the policy framework.

Analysis of the forming of employment discrimination;

Jurisprudential analysis of the "employment discrimination" and its solutions in China;

With many kinds of manifestations,the discrimination in employment tells market adjustment failing and government control faulting,while the ideal choice is the settlement mechanism of economic law featuring the combination of market adjustment,government control and synthetic running.

The essay reviews the issues in theory about the implementation of the fair employment,put the emphasis on the introduction of the relationship between fair employment and autonomy,the intervention of the public power and the extent of the discrimination in employment.

In 2001 a college student in Sichuan province was discriminated in a government functionary examination and so the first lawsuit of discrimination in employment of China was raised.

Therefore,to formulate law of anti employment discrimination is not only guided by the current guideline and policies of the Party,but also requested by the socialist market economy and guaranteed by the constitution and other laws in China.

The successful litigation experience in foreign anti-discrimination laws must be referred in order to establish an anti employment discrimination law suitable in China.