Abstract
The psycho-legal concept of “rights apathy” is developed in
this Essay as an underlying factor of the very low rate of
incidence of workplace discrimination lawsuits filed in China,
despite an increasingly elaborate legal framework “on paper”
and workers’ rising awareness of their legal rights under
anti-discrimination laws. “Rights apathy” is underpinned by the
notions of “frustration” and “learned helplessness,” depicting the
indifference of workers in exercising their legal rights before a
tribunal or court. A number of institutional problems, namely
defects in existing anti-discrimination provisions, judicial
practices, and contradictions in other laws, policies, and
practices, can contribute to the “rights apathy” of workers
experiencing discrimination in the workplace.
Recommended Citation
Sheera Chan and Mimi Zou, Essay: Understanding Employment Discrimination Litigation in China Through The Notion of "Rights Apathy", 18 Marq. Ben. & Soc. Welfare L. Rev. 141 (2017)
Included in
Civil Rights and Discrimination Commons, International Law Commons, Labor and Employment Law Commons, Social Welfare Law Commons