Reference Case: Li Mou v. Chongqing Business Company on Equal Employment Rights
Once an applicant makes a prima facie showing that they met the job requirements and was rejected only after an HBV-related screening while the employer continued recruiting for the same post, the burden shifts to the employer. Distinguishing against workers on health grounds unrelated to the intrinsic requirements of the job constitutes employment discrimination and gives rise to civil remedies including apology and emotional-distress damages.
Holding
Once an applicant makes a prima facie showing that they met the job requirements and was rejected only after an HBV-related screening while the employer continued recruiting for the same post, the burden shifts to the employer. Distinguishing against workers on health grounds unrelated to the intrinsic requirements of the job constitutes employment discrimination and gives rise to civil remedies including apology and emotional-distress damages.