“Sorry, the graduates we need should at least come from one of the second tier universities in National Unified Entrance Examination.”
“Any One without a Bachelor’s Degree has IQ Problem.”
Recently employee Wu of CityDO Inc., replied to a candidate on an online recruitment platform blatantly: “any one without a bachelor’s degree has IQ Problem”.
This comment suddenly burned the whole network!
Netizens have accused the companies of academic discrimination, and insulting the candidate!
From the resumption of the college entrance examination to 2017, the university has enrolled 115.18 million people in total.
The number seems huge, but according to the calculation of the National Bureau of Statistics, the total population of China is about 1.4 billion, while the proportion of college graduates is less than 9%. Of the college graduates, almost half are junior college graduates. So the proportion of bachelors is just about 4.43%.
In other words, could it be regarded that over 1 billion of Chinese people have “IQ Problem” as Wu said?
How ridiculous!
Then, the company announced that it was just Wu’s personal improper opinion, not in the name of CityDO Inc., It sincerely apologized for it, and said Wu has been criticized and punished according to the relative regulations.
There is no doubt that Wu’s opinion insulted the candidate’s character. What’s more, since Wu insulted the candidate while hiring on behalf of the company, which means it was some kind of duty behavior, the candidate can even claim against Wu’s company for tort.
Besides, as for the “Academic discrimination” heated discussed by netizens, whether the “Academic discrimination” is some kind of the employment discrimination in the sense of law?
The essence of employment discrimination is some kind of unreasonable difference treatment, and consists of two parts: Firstly, there is a discriminatory behavior. Secondly, such discriminatory has no reasonable basis, and is forbidden by the law.
When recruiting, could the company differently treat the candidates on the basis of educational background?
Is it forbidden by the law?
According to the Article 3 of Employment Promotion Law of the People’s Republic of China, workers shall have the right to equal employment and to choose job on their own initiative in accordance with the law. Workers seeking employment shall not be subject to discrimination based on factors such as ethnicity, race, gender, religious belief etc.
And the judicial practice at this stage generally holds that the selections made by the employers based on labors’ major, academic qualifications, work experience, work skills, vocational qualifications and any other “Elements Acquired” are excluded from employment discrimination.
On the contrary, the selections based on gender, household registration, identity, region, age, appearance, ethnicity, race, religious belief or any other “ascribed factors” which are not necessarily related to the “internal requirements of work” are forbidden by the law as unreasonable employment discrimination.
Each position has its own requirements for candidates’ professional knowledge. So, it is a necessary requirement for the employers to use relevant academic qualifications and professional knowledge level as recruitment conditions, which also reflects the employing autonomy of employers. However, improper opinion such as “any One without a Bachelor’s Degree has IQ Problem” was some kind of personal insult. And the employer shall bear the corresponding legal responsibility for it.
There is no triviality in the company management, humanity is shown in details
In the daily management, the employers should pay attention to respect employees, as well as to build harmonious corporate culture, instead of tolerating meaningless prejudice and discrimination. Such tolerance would just push the outstanding talents away!
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