标题: EK6w5gf4Oy [打印本页] 作者: cvd4483wjoz 时间: 2014-10-24 02:54 标题: EK6w5gf4Oy Employers discriminate against gay denounced the alleged infringer
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Men participate in "belong to you" after being refused entry to appointment
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58 city, said employers were prosecuted employment discrimination court panels cited emotional protest
Legal Evening News (Reporter intern reporter Wang Xiaofei Jianghui Chen) has occurred due to participate in the "belong to you" TV job search program,http://www.aptnsw.org.au/cgi-bin/show_blog.cgi, was hired 58 city, but the two sides reached after the dispute hiring intentions, 58 city considers relevant jobseekers Zhao released microblogging accused 58 city discrimination against homosexuals and people with disabilities and abuse, 58 city then submitted the grounds of defamation against Zhao was taken to the Chaoyang Court for an apology and compensation for the loss of 500,000 yuan.
Meanwhile, according to Zhao said it also Culpa grounds to apply for arbitration in its dispute with the company's 58 city to the labor dispute arbitration department. Due to the jurisdiction of the court challenge Zhao morning, Chaoyang Court hearing on the issue of jurisdiction hearing.
The defendant disputed the jurisdiction of the trial courtroom emotional lift panels
58 city sued in the case of Zhao, 58 city, said December 18, 2013 release Sticky Zhao in its Sina Weibo microblogging groundless accusations that the company discriminate against disabled and gay. The microblogging is forwarded 26 times, comment 45 times, and was its more than 250 million fans attention.
58 city believes that Zhao's behavior has seriously violated the bad reputation Divide the nature of the company, asking decree stop abuses in the top position on the micro-Bo 30 days an apology and compensation for loss of 50 million yuan.
For the case, on February 8 Zhao Chaoyang court objection to jurisdiction, with its own grounds of domicile is located in Changping District, Changping District Court transferred the case to apply.
9:00, Zhao wearing a black trench coat suddenly appeared in court, just as the original judge registration, identity information of both the accused, Zhao suddenly took up a "protest 58 city, discrimination against homosexuals," the display card. Then the judge under Zhao recovered prevent panels.
In court,http://zazna.com/selection/index.php?item/create_form/1, Zhao was very emotional and said: "I am with the company culture contrary, because I was gay?"
"There are a lot of gay 58 city, there are some people with disabilities, 58 city because of fear of discrimination, there is no public identity." Talking, Zhao Speed ??faster and faster, higher and higher tones, Zhao directly from the dock stood up, facing 58 city representative plaintiff gallery shouted, "I'm disclose the identity only after the city received 58 discrimination,scarpe hogan uomo prezzi, their HR did not see even meet me, they rejected my entry . "After the judge repeatedly reminded, Zhao's mood became somewhat calm, but still maintained a fast pace and high tones.
58 city believes that "the company does have the presence of homosexuality, but the company is not discrimination,hogan uomo scarpe, but Zhao to speculation on the network, which is somewhat contrary to the company's corporate culture, he too tune."
After 10 minutes the hearing, the court adjourned the trial, and chose to dispute the jurisdiction of the case ruling.
Pretrial interview candidates: No intention to hire a lawyer to defend themselves
The night before the hearing, the reporter by telephone made contact with Zhao,http://www2e.biglobe.ne.jp/~isizaka/bbsx/light.cgi?res=1056, Zhao at the moment is preparing for the second day of the trial, he did not hire a lawyer, will defend himself.
Speaking of the 58 city's "resentment", say to 28 September last year recorded "belong to you." "In the Internet connection, I have some experience, in order to quickly get the boss's approval, and let individuals have higher promotion space before choosing a TV Job." Zhao said, the program has two companies last olive branch to Zhao, the final Zhao chose the 58 city CEO verbal commitment of the social product manager.
"I look forward to doing business is the Internet, and the current program, only 58 city closely associated with the Internet industry." Application process, a carefully crafted for the 58 city PPT enough to see out of Zhao's intentions. Zhao said that when the program recording his third appearance, obtained after YaoJinBo verbal commitment, he has been waiting in the background until the program completed all the recording. "It was YaoJinBo gave me a mailbox, let me resume to him, after the program aired further contact with him."
Zhao said the October 21 broadcast, Zhao would send the message again the next day to ask when they can YaoJinBo recruits, get back is: early November to contact roadshow. Since then, the 58 city's Human Resources Department to obtain resume Zhao,prezzi scarpe hogan, Zhao called the initiative to contact the phone two or three times, but has not been notified 58 city of recruits.
Both sides questioned the court's discrimination against homosexuals
Early December, YaoJinBo reply on the microblogging Zhao Zhao, said Zhao did not actively and HR department, there is no specific preparation, inconsistent with the company culture, while Zhao wish success in other areas.
"From the program recording is completed, get YaoJinBo verbal commitment to social product manager position, I was actively liaise with YaoJinBo and 58 city Human Resources. While removing 58 city human resources department to ask for my resume that, barely 58 city and I contacted over. "Zhao said until now he still has not been formally notified in writing on 58 city recruits or not join the post.
suspect, 58 city refused him the real reason was his sexual orientation, because Zhao on his personal micro-blog publicly acknowledged that he is gay. "I have a disabled friend to recruit the 58 city served by television, less than a month into the job was 'interviewed',hogan olympia, to terminate the labor contract." Zhao said his friend was acquired project management candidates intern or program development positions, while the real work, 58 city arranged for his friend is not good at other positions, Zhao questioned 58 city just wanted to put in this way by a friend of his disability or resignation transfer Kong.
Zhao delays in the entry, and his friends encounter a disability, so that 58 city Zhao discrimination against homosexuals and the disabled. Last December 28, Zhao on the microblogging microblogging posted a top 58 city, said discrimination against homosexuals.
In February this year, has yet to receive notice of the entry Zhao 58 city court will require 100,000 yuan compensation. Chaoyang court said they did not file,outlet hogan on line, because the court thought it was a labor dispute cases, you need to apply for labor arbitration.
Litigation fails, Zhao has been sued 58 city, 58 city believed Zhao acts against the reputation of the company, require an order stop abuses in the top position on the microblogging public apology 30 days and compensation for loss of 500,000 yuan.
Not only but also for gay rights groups for their own rights
"I've worked at two Internet companies totaling about two years,outlet ufficiale moncler, during employment,hogan outlet online, there are many of my colleagues concerned about microblogging,scarpe hogan donne prezzi, but no one ever talked about my sexual orientation." Zhao said his independent and easygoing personality, The units have worked, relationships with colleagues is also very harmonious, and not because of sexual orientation issues affecting work.
From the beginning of the 58 city disputes, Zhao's original clean life has been disrupted,http://www.answers.tw/node/8#comment-7990596, there is support in the micro-Bo is also accused, and this IT man at this time also to focus more on the field he is not good at - - for their own rights through legal.
"Now there are many domestic companies occupational discrimination is discrimination against us we knew, but we difficult to obtain evidence, it is difficult to come up with strong evidence." Zhao said he was for their own rights, but also for the more "like him Like "people rights.
Employer: The company issued a statement saying never discriminate against homosexuals
After the incident, YaoJinBo responded that 58 city once had a very active sex dating plate, 58 city never recruit, they will not care about the candidates like a man or a woman.
58 city declare that this incident is only the two sides on matters relating to hiring recruits produced legal events, and love does not involve any orientation, disability and other relevant content, the parties transfer event with its core focus on it in the public media remarks published on 58 city corporate reputation has caused irreparable damage.
58 city official said, the day after "belong to you" program recording, YaoJinBo to arrange company HR department official to follow up and communicate with Zhao will send your resume to the Human Resources Department.
However,hogan interactive 2013, after this communication,scarpe hogan outlet, Zhao performance for entry attitude is not positive,http://xingwen.zhanlue.cc/plus/feedback.php?aid=41648,scarpe hogan donne, in communication with the Human Resources Department's willingness to continue the entry for 58 city noncommittal. In the understanding of the situation Zhao released through the network of microblogging, the company re-arrange its communication. "However, the other emotional and unwilling to make any communication with the company,http://bbs.md123.cn/home.php?mod=space&uid=119465, the performance was relatively strong, which brings to communicate certain difficulties, led to the current events towards the direction we want to see."
The official said that 58 city in recruitment, in addition to focusing on individual ability, but also attaches great importance to whether the other party in line with their corporate culture. Recruitment recruits is both the selection and investigation of this process,http://tukipie.net/audiobook/index.cgi,hogan donne, but in this incident, they believe Zhao's performance inconsistent with their corporate culture.
Interrupted TV job programs generally have no direct legal responsibility
According to Zhao introduced, the former "belong to you", and the program group had signed an agreement in which some disclaimers, such as "whether the entry has nothing to do with the program group" "can not participate in the same program recording within six months, otherwise damages Program group of 30 million yuan, "and so on. 12, Zhao sought on Weibo microblogging top legal aid, said he decided to sue the television program belongs false propaganda.
Lawyer Zhao occupation that, for such encounters, the program itself is generally no direct legal responsibility, because the contract has a relative. But in this case, the program itself is also claiming that "tricky job platform," Zhao experience with similar if more than one person,http://home.kanto-gakuin.ac.jp/~kg068601/cgi-bin/i_light.cgi, such a claim could constitute false advertising. Take "job success" to advertise the existence of the problem, the key to two points, one example of this is true, the second is whether the Case expression program to job success is the actual meaning of the entry.
Expert interpretation difficult by the lack of legal constraints legal rights
Enterprise workers are dismissed or rejected on the grounds of homosexuality workers legal? Workers were rejected because of the possibility of gay rights through legal means? Reporter consulted the Institute for Employment Research Fellow, China Renmin University of China Ding Dajian. Ding Dajian said, there is no clear national anti-discrimination laws related to homosexuality, there is no relevant legal constraints, difficult to pass laws and rights related to job seekers.
Ding Dajian said that even companies discriminate against homosexuals, nor will "discriminate against gay" as a direct reason, choosing instead to similar work hard skills, but for other reasons, such as refuse workers. Thus, evidence of workers being discriminated against because of homosexuality difficult, difficult to obtain legally convincing evidence.
Ding Dajian said television job programs, corporate CEO on the spot to give a verbal commitment to workers is difficult to have the force of law. "But if the workers because verbal commitments related loss, litigation rights of workers choose this publicly aired video can also be used as evidence." Said Ding Dajian, although a verbal commitment, "I said rumor," but the video public broadcast, but also legal evidence in a certain sense as.
In addition, in accordance with corporate law but also the adequacy of the applicant's reasons for refusal and other reasons, the comprehensive consideration of the case and make a decision.
"Currently there is no clear correlation gay anti-discrimination laws, encountered such problems, more cases are staying at the moral level, whether business or job seekers have to rely on moral constraints." Ding Dajian said.
Ding Dajian introduction, for this case seekers Zhao and 58 city business disputes, businesses and job seekers should also consider the impact of "media effects" on other factors own credit, credibility, etc..
Text / reporter Wang Xiaofei intern reporter Jiang Huichen
(Original title: exclusion of employer discrimination against gay men to participate in the alleged infringer "belong to you" after being refused entry to appointment
58 city, said employers were prosecuted employment discrimination court panels cited emotional protest)