Comparing Legal Approaches to Workplace Gender Discrimination:

A Study of Canada and China

Adora Zimo Zhu

Political Science Specialist, University of Toronto, Toronto, Ontario, Canada

Keywords: Gender Discrimination, Workplace Discrimination, Workplace Comparison.

Abstract: This paper compares the regulation of workplace gender discrimination in Canada and China, focusing on

differences in legal definitions, judicial practices, and enforcement mechanisms. The study finds that while

Canada has developed a relatively complete system with clear legal standards, independent en-forcement

bodies, and strong public awareness, China still faces challenges such as vague legal lan-guage, weak

enforcement structures, and deeply rooted traditional gender norms. Drawing on Canada’s experience, the

paper proposes several recommendations for improving China’s legal framework, in-cluding clarifying legal

definitions, establishing independent enforcement agencies, strengthening pro-tections for victims, and

promoting gender equality through public education and workplace accounta-bility. The aim of this research

is to provide practical suggestions to help strengthen China's system for regulating workplace gender

discrimination and to contribute to broader efforts to promote gender equality in the labor market.

1 INTRODUCTION

Gender discrimination in the workplace has long been

a central issue in the pursuit of gender equality

between men and women. With the development of

legal systems and rising social awareness, this issue

has received more attention and some improvements

in recent years. However, in reality, gender

discrimination remains widespread and deeply

rooted. More people around the world have started

paying attention to gender discrimination at work

because it continues to be a serious and complex

problem. It shows up in many ways—such as unfair

pay, biased hiring and promotion practices, sexual

harassment, and the underrepresentation of women in

leadership positions. These issues not only harm

individuals but also hinder broader social and

economic progress.

China has made some positive efforts in regulating

workplace gender discrimination, but significant

challenges remain. On the positive side, China has

introduced a range of laws, such as the Labor Law,

the Employment Promotion Law, and the Law on the

Protection of Women’s Rights and Interests, all of

which explicitly prohibit discrimination based on

gender (National People’s Congress 2021; 2015;

2023). The legal framework has continued to expand

in recent years, and courts have started to recognize

claims related to sexual harassment and unfair

treatment during pregnancy. For example, in a 2024

court case, a pregnant worker who was demoted

successfully won her case based on labor protections,

showing that some victims can achieve justice

through the courts.

However, there are still major problems with

enforcement. A 2020 report by Human Rights Watch

found that more than half of civil service job

advertisements in China included gender-based

restrictions, often preferring male candidates (Human

Rights Watch 2020). In addition, government-run

trade unions rarely provide independent support for

workers facing discrimination. Many women are

afraid to report unfair treatment because they fear

losing their jobs, lack knowledge of their legal rights,

or distrust the system’s ability to protect them. It is

clear that gender discrimination in China continues to

struggle under difficult conditions. Traditional

cultural views, which emphasize that women should

focus on family life, further contribute to workplace

inequality. At the same time, China's centralized legal

and political system makes independent enforcement

and public accountability more difficult. Even though

laws prohibit practices like gender-based hiring,

138

Zhu, A. Z.

Comparing Legal Approaches to Workplace Gender Discrimination: A Study of Canada and China.

DOI: 10.5220/0014298400004859

Paper published under CC license (CC BY-NC-ND 4.0)

In Proceedings of the 1st International Conference on Politics, Law, and Social Science (ICPLSS 2025), pages 138-143

ISBN: 978-989-758-785-6

advertisements stating "men only" or "men preferred"

remain common in both private and public sectors.

China still has room for improvement in regulating

workplace gender discrimination. Different countries

around the world take different approaches to this

issue, and international experiences can offer useful

lessons for China. For example, Canada provides a

valuable reference point. However, Canada also faces

ongoing challenges. Wage gaps persist, women

remain underrepresented in leadership roles, and

subtle forms of discrimination, such as biases in

hiring and promotion, continue despite legal

protections. Nonetheless, with a longer history of

regulating workplace gender equality, Canada has

developed relatively complete legal protections. Its

system features independent enforcement agencies,

strong public education campaigns, and clear anti-

discrimination policies in both government and

private workplaces.Canada’s experience—especially

in building independent institutions and raising public

awareness—offers important ideas that China can

adapt to its own conditions to strengthen its fight

against workplace gender discrimination.

For example, in Canada, a strong focus on

individual rights and democratic values has helped

create a relatively complete system of anti-

discrimination laws. Courts have played an important

role in making sure these laws are effective. In Janzen

v. Platy Enterprises Ltd. (1989), the Supreme Court

ruled that sexual harassment counts as sex

discrimination (Janzen v. Platy Enterprises Ltd.,

[1989] 1 S.C.R. 1252). In Fraser v. Canada (Attorney

General) (2020), the Court decided that job-sharing

policies that unfairly hurt women’s career

opportunities could be considered discriminatory

(Fraser v. Canada (Attorney General), 2020 SCC 28).

In addition, Canada has independent organizations

such as the Canadian Human Rights Commission and

the Pay Equity Commissioner, which help individuals

file complaints, investigate discrimination, and make

sure employers follow the law (Canadian Human

Rights Act, R.S.C., 1985, c. H-6).

This paper examines gender discrimination in the

workplace by comparing Canada and China. In both

countries, gender-based unfair treatment still occurs,

even though protective laws exist. In China, visible

problems such as the demotion of pregnant

employees and gender limitations in job postings are

still frequent. In Canada, the legal system is stronger

and better enforced, but hidden issues like the gender

pay gap and the underrepresentation of women in

leadership roles continue to exist.

This study uses a qualitative legal comparison to

explore how Canada and China address workplace

gender discrimination. It analyzes laws, major court

cases, enforcement practices, and the roles of

government institutions to identify the strengths and

weaknesses of each system. Through this

comparison, the paper hopes to offer practical

suggestions for improving China’s regulation of

workplace gender discrimination.

The significance of this research lies in the

potential to draw lessons from comparative legal

practices. By identifying common challenges and

differences in legal design, enforcement, and cultural

attitudes, the study seeks to inform ongoing reform

efforts, particularly in China, where implementation

lags despite comprehensive statutory language. This

research aims to contribute to the global conversation

on gender equality, offering actionable insights that

align with evolving societal norms and economic

imperatives.

This study uses a qualitative legal comparison to

look at how Canada and China handle workplace

gender discrimination. It examines laws, major court

cases, how rules are enforced, and what government

institutions do in each country. The research is based

on official legal texts, court rulings, and government

reports to understand the strengths and weaknesses of

both systems.

The main goal is to clearly compare the laws and

practices in Canada and China. By showing how

Canada’s legal system is more thorough and better

enforced, the paper suggests that China could learn

from Canada’s approach. The study will also offer

suggestions to help improve legal protections for

women and others in Chinese workplaces.

2 COMPARISON OF

WORKPLACE GENDER

DISCRIMINATION IN CHINA

AND CANADA

2.1 Comparison of Workplace Gender

Discrimination Laws and

Regulations in China and Canada

China and Canada both claim a strong commitment to

promoting gender equality in the workplace, but they

have developed very different systems for addressing

discrimination due to differences in their legal

traditions, political structures, and cultural values.

Comparing Legal Approaches to Workplace Gender Discrimination: A Study of Canada and China

139

In China, several important laws regulate

workplace gender discrimination. The Labor Law, the

Employment Promotion Law, and the Law on the

Protection of Women’s Rights and Interests all state

that women should be treated equally in employment.

These laws ban discriminatory practices such as

unequal pay, unfair dismissal during pregnancy, and

gender restrictions in job advertisements. Special

provisions also exist to protect maternity rights,

including job security during pregnancy and

postpartum periods.

However, enforcement of these protections is

inconsistent. Although the laws state clear principles,

many terms, such as “equal employment rights” or

“gender-based discrimination,” remain vague without

detailed guidelines for courts or regulators to follow.

This makes legal standards difficult to apply

uniformly across different regions. For example, in

Guiding Case No. 181, a manager was found liable

for ignoring repeated sexual harassment complaints,

creating a legal precedent for employer responsibility

(Supreme People’s Court n.d.). Similarly, a 2024 case

ruled in favor of a woman demoted during pregnancy,

invoking protections under labor regulations. While

these rulings are positive signs, they remain

exceptions rather than the norm.

In practice, most labor disputes related to gender

discrimination are handled by government-affiliated

labor arbitration committees, which often prioritize

social stability over individual justice. Courts, which

are not fully independent, rarely accept or rule in

favor of discrimination cases unless they are of high

public interest. Moreover, victims largely rely on

state-controlled unions like the All-China Federation

of Trade Unions, which often side with employers

rather than supporting individual workers. Many

women are discouraged from filing complaints due to

fear of retaliation, lack of legal knowledge, or distrust

in the system's fairness. These challenges—vague

laws, weak independent enforcement, and cultural

resistance—make it difficult to turn China’s anti-

discrimination laws into real protections in daily

working life.

In Canada, workplace gender equality is treated as

a fundamental human right, deeply rooted in the

country’s democratic and legal culture. The Canadian

Human Rights Act prohibits discrimination based on

sex, gender identity, and other personal

characteristics (Canadian Human Rights Act, R.S.C.,

1985, c. H-6). The Employment Equity Act

complements this by requiring public employers and

federally regulated industries to actively promote

fairness for historically marginalized groups,

including women (Employment Equity Act, S.C.

1995, c. 44.).

Judicial interpretation has played a major role in

strengthening workplace protections. In Janzen v.

Platy Enterprises Ltd. (1989), the Supreme Court

ruled that sexual harassment amounts to sex

discrimination. In Brooks v. Canada Safeway Ltd.

(1989), excluding pregnant workers from benefits

was deemed discriminatory (Brooks v. Canada

Safeway Ltd., [1989] 1 S.C.R. 1219.). More recently,

in Fraser v. Canada (Attorney General) (2020), the

Court ruled that certain job-sharing policies

disproportionately disadvantaging female RCMP

officers could be challenged as discriminatory under

constitutional equality protections.

Canada also has strong independent institutions

like the Canadian Human Rights Commission and the

Pay Equity Commissioner, which not only investigate

complaints but also educate the public, monitor

employer compliance, and help victims seek redress.

Victims of workplace discrimination can access

multiple avenues for justice, including independent

commissions, courts, and legal aid services (Canadian

Human Rights Act, R.S.C., 1985, c. H-6). This

creates a much more supportive environment for

individuals to assert their rights.

Still, Canada’s system is not perfect. Gender wage

gaps persist, women are underrepresented in senior

leadership roles, and subtle forms of bias in hiring and

promotion continue. However, the existence of

independent enforcement bodies, strong public

awareness, and a tradition of active judicial oversight

mean that Canada's laws are more consistently

applied and better enforced than in many other

countries.

In summary, while both China and Canada have

established legal frameworks to address workplace

gender discrimination, Canada’s system benefits

from clearer legal definitions, independent

institutions, and stronger enforcement practices. In

contrast, China's legal framework, though expanding,

struggles with vague language, weak enforcement,

and limited protection for victims. Understanding

these differences is important for identifying ways

that China could further strengthen its workplace

gender discrimination regulations in the future.

ICPLSS 2025 - International Conference on Politics, Law, and Social Science

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2.2 Difference in Workplace Gender

Discrimination Laws and

Regulations Between Canada and

China

2.2.1 Workplace Realities and Social

Contexts

While Canada’s legal infrastructure is strong, gender

discrimination persists in more subtle forms. Wage

gaps remain, women are underrepresented in

leadership, and caregiving responsibilities often

impede career advancement. Courts have been

instrumental in acknowledging these systemic biases,

but cultural norms and institutional inertia slow

progress. Deeply rooted expectations about gender

roles—such as the assumption that women should be

primary caregivers—still influence hiring and

promotion decisions, even if unconsciously.

Workplaces often value long hours and constant

availability, which can disadvantage women who

balance work and family. Additionally, some sectors,

like science, technology, engineering, and finance,

continue to be male-dominated, making it harder for

women to break into senior roles. Despite legal

support, change is gradual because shifting workplace

culture and long-held social attitudes takes time,

continuous public pressure, and sustained political

will.

In China, traditional gender roles and entrenched

patriarchal norms exacerbate workplace inequalities.

Common issues include discrimination during

recruitment, unequal pay, and harassment. Women

often encounter difficulty filing complaints due to

societal pressure, limited access to justice, and weak

workplace protections.

2.2.2 Institutional Support and Legal

Recourse

Canada’s institutional framework provides multiple

avenues for legal recourse. Victims can access legal

aid, lodge complaints with independent commissions,

and seek redress through courts that have a history of

progressive rulings. Furthermore, widespread

awareness campaigns and transparent legal processes

help normalize reporting and legal action.

In China, although legal structures exist, access to

justice is often hindered by bureaucratic obstacles and

fear of retaliation. The absence of strong, independent

legal institutions results in underreporting and limited

accountability. While pilot programs and some high-

profile cases offer hope, they remain exceptions

rather than the rule.

2.2.3 Corporate Practices and Private

Sector Engagement

Canadian companies are doing more to support

gender equality because society expects it and the law

encourages it. Many workplaces now offer training,

check how fair their practices are, and support

employees with family needs. The public and media

also push companies to do better (Employment

Equity Act, S.C. 1995, c. 44.).

In China, some international companies have

adopted gender-inclusive policies, but many local

businesses still don’t have clear rules to deal with

gender issues. It’s still common to see unfair job ads

and hiring practices, especially in smaller companies.

2.2.4 Policy Implementation and Cultural

Factors

Canada takes a decentralized approach to fighting

gender discrimination. This means different groups

and levels of government work together. Public

education, detailed data about gender, and working

with international partners all help make its system

stronger. Schools, civil groups, and a strong legal

culture also keep progress moving forward.

China uses a more centralized system, with laws

mostly made and enforced by the government and

labor unions. It runs education and awareness

campaigns, but these don’t do much to change long-

held gender beliefs. The system is also less flexible

and slower to respond than Canada’s. Without

independent groups to monitor enforcement, the laws

are harder to trust and follow.

3 IMPROVING CHINA’S

WORKPLACE GENDER

DISCRIMINATION

REGULATIONS FROM A

COMPARATIVE LEGAL

PERSPECTIVE

Drawing from the comparative study of Canada and

China, this section proposes three major areas where

China can improve its legal framework and

enforcement practices to better protect workers

against gender discrimination. While China has made

Comparing Legal Approaches to Workplace Gender Discrimination: A Study of Canada and China

141

progress in establishing anti-discrimination laws,

meaningful change requires clearer definitions,

stronger enforcement mechanisms, and broader

cultural and institutional support.

3.1 Clarify Legal Definitions and

Expand the Scope of Protection

Currently, China’s laws on workplace gender

discrimination, such as the Labor Law and the

Employment Promotion Law, prohibit practices like

unequal pay and dismissal during pregnancy.

However, many of the legal terms are vague.

Expressions like "equal employment rights" and

"prohibition of discrimination" are not clearly

defined, making it difficult for courts and regulators

to apply these standards consistently. As a result,

even when workers bring claims of discrimination,

enforcement is unpredictable, and courts often

hesitate to rule decisively in favor of victims.

In contrast, Canada’s legal system provides much

more detailed and specific definitions. The Canadian

Human Rights Act and relevant court rulings clearly

outline what constitutes direct and indirect

discrimination, including forms like sexual

harassment, pregnancy-related penalties, and

systemic bias in job structures. Canadian courts have

developed a rich body of interpretations that help

victims and employers understand their rights and

obligations more clearly.

China should revise its anti-discrimination laws to

offer precise definitions of key terms such as "gender

discrimination," "indirect discrimination," and

"sexual harassment." Specific guidelines and judicial

interpretations should be issued by the Supreme

People's Court to guide lower courts and labor

committees. Clear legal standards would not only

strengthen the predictability of judgments but also

empower workers and employers with better

knowledge of their rights and responsibilities.

3.2 Strengthen Independent

Enforcement Mechanisms and

Victim Support

While China has a legal framework to prohibit

workplace gender discrimination, enforcement

remains a serious challenge. Most complaints are

handled by labor arbitration committees and courts

that operate under strong government influence.

These bodies often prioritize social stability over

protecting individual rights. Furthermore, state-

controlled unions like the All-China Federation of

Trade Unions typically do not actively advocate for

victims, and workers often lack effective channels to

seek justice.

In comparison, Canada has built independent

institutions like the Canadian Human Rights

Commission and various provincial human rights

tribunals. These bodies operate separately from

employers and political authorities, allowing them to

investigate complaints impartially. They provide

victims with access to formal complaint procedures,

free legal advice, and public education campaigns,

greatly increasing trust in the system and reducing

barriers to filing complaints.

Suggestion for China: To improve enforcement,

China should create independent agencies at the

regional or national level dedicated to handling

workplace discrimination cases. These agencies

should operate autonomously from local government

influence and have clear authority to investigate,

issue decisions, and impose remedies. Additionally,

China should strengthen legal aid services by

providing free or low-cost legal support to victims of

gender discrimination, especially in rural or

underserved areas. Ensuring strong protection,

including the right to anonymous complaints, would

also encourage more victims to come forward without

fear of losing their jobs or facing social stigma.

3.3 Promote Gender Equality Through

Public Education and Workplace

Accountability

Beyond legal reform, cultural attitudes continue to

slow progress in combating workplace gender

discrimination in China. Traditional views about

gender roles, particularly the belief that women

should prioritize family over career, remain strong.

Without broader public education and employer

responsibility, legal changes alone cannot fully

eliminate workplace inequality.

In Canada, public education efforts have been

central to promoting gender equality. Awareness

campaigns, school-based gender equality education,

workplace training programs, and transparent

reporting practices, such as mandatory wage gap

disclosures, have all helped reshape public attitudes

and corporate behavior. Canadian companies are

often expected to implement internal equity audits

and demonstrate commitment to diversity and

inclusion as part of their corporate reputation.

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Suggestion for China: China should intensify

public education campaigns to challenge traditional

gender stereotypes and promote equal opportunities

for women. The government, media, and educational

institutions can work together to raise awareness

about gender rights starting from an early age.

Employers should be required to create clear internal

anti-discrimination policies, offer regular workplace

training, and report on gender equality performance

metrics publicly. Integrating gender equality

indicators into corporate social responsibility

evaluations, especially for large state-owned and

private enterprises, would also help embed gender

equality into business practices.

4 CONCLUSION

This paper explored the issue of workplace gender

discrimination through a comparative analysis of the

legal frameworks and enforcement practices in

Canada and China. The goal was to understand how

different legal systems address similar challenges,

and what lessons might be drawn to strengthen

protections for workers, particularly in China. By

examining laws, court rulings, institutional practices,

and cultural influences, the study provided a multi-

dimensional view of how gender discrimination

manifests and is regulated in each country.

The findings show that although both Canada and

China have legal provisions aimed at promoting

workplace gender equality, the effectiveness of these

provisions varies widely. Canada’s relatively

complete system benefits from clearly defined laws,

independent enforcement bodies, and strong public

engagement. These elements work together to create

an environment where legal rights are more likely to

be respected and discrimination can be addressed

through accessible legal recourse.

In contrast, China’s legal framework, while broad

in coverage, suffers from vague terminology, weak

enforcement mechanisms, and limited institutional

independence. Cultural norms and deeply ingrained

gender roles further complicate enforcement, as many

victims are reluctant to file complaints due to fear of

retaliation or social stigma. Although some landmark

cases show signs of progress, they remain the

exception rather than the rule. Without stronger

institutional support and clearer legal guidelines, the

gap between law and practice in China is unlikely to

close.

To improve, China can draw on lessons from

Canada, such as adopting clearer legal definitions,

building independent enforcement bodies, and

encouraging public and corporate accountability.

These changes would not only enhance legal

protection for women and marginalized groups, but

also help modernize the labor market in line with

international human rights standards.

Looking to the future, true workplace gender

equality in China—and globally—cannot be achieved

through legal reform alone. It requires a cultural shift

in how society views gender roles, career

expectations, and work-life balance. Public

education, media representation, and civic

engagement will be crucial in reshaping attitudes and

reducing stigma. As more individuals and institutions

recognize the value of gender equality, legal systems

can become more responsive, and workplaces more

inclusive.

In this evolving landscape, continued research,

cross-national dialogue, and advocacy will play

essential roles. By learning from successful practices

in other countries and adapting them to local contexts,

China can make meaningful strides toward a more

equitable and just society for all workers, regardless

of gender.

REFERENCES

National People’s Congress. 2015. Employment Promotion

Law of the People’s Republic of China (2015

Revision). Pkulaw.

National People’s Congress. 2021. Labor Law of the

People’s Republic of China (2021 Amendment).

Pkulaw.

National People’s Congress. 2023. Law on the Protection

of Women’s Rights and Interests of the People’s

Republic of China (2023 Revision). Pkulaw.

Parliament of Canada. 1985. Canadian Human Rights Act,

R.S.C. 1985, c. H-6.

Parliament of Canada. 1995. Employment Equity Act, S.C.

1995, c. 44.

Supreme Court of Canada. 1989. Brooks v. Canada

Safeway Ltd., 1 S.C.R. 1219.

Supreme Court of Canada. 1989. Janzen v. Platy

Enterprises Ltd., 1 S.C.R. 1252.

Supreme Court of Canada. 2020. Fraser v. Canada

(Attorney General), 2020 SCC 28.

Supreme People’s Court. n.d. Guiding Case No. 181:

Employer Liability for Ignoring Sexual Harassment

Complaints. Pkulaw.

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