China Law Evolving -- Businesses Take Note, Part VII

Last month, a young teacher in Anhui Province lost an AIDS discrimination case stemming from being rejected for a teaching position after testing HIV-positive. Though this case drew wide condemnation from human rights groups, as ?lawyer, I have been taking more of a wait-and-see attitude.?

Stan Abrams of China Hearsay, in a post entitled, "About that HIV Discrimination Case, Let’s Be Patient," beautifully explains why patience is in order on this case:

A lot of folks, including me, are very disappointed by this ruling. However, let’s keep a couple things in mind.?

First, the case involved a conflict between two different laws. One is a set of health standards for public servants. The other is a national law that addresses discrimination of individuals with certain diseases.

So we had a disagreement between two different laws. The judge in this action went with the public service standard instead of the discrimination rules.

This is going to be bumped up to the next level. The court of first instance was a district court (the lowest level in China’s judicial system), so getting some clarification from higher up is probably just as well anyway.

Second, remember that just getting this case heard was a huge step. This was the point I made earlier this year:

This is positive news in most respects. The standard operating procedure for Chinese courts up until now is to dismiss these discrimination cases, including HIV. We’ve seen some very positive trends with sexual harassment over the past few years, and now perhaps HIV cases will begin to be accepted by judges. The Central Government has, via legal reform in 2006, made their intentions clear that such cases should be taken seriously.

By hearing the case, the issue was indeed taken seriously. Now we’ll see what we get out of an appellate hearing. The law in question only dates back to 2006, and this has been touted as the first case of its kind. Even if the appellate court affirms the district court’s ruling, progress is being made here.

I am going to add a third reason for patience: Anhui Province is not Shanghai or Beijing, or even Qingdao or Tianjin.?

China Real Time Report, in a post out today entitled, "Report Bolsters China Action on HIV/AIDS," noting a just released report from the "Chinese Center for Disease Control and Prevention on the need for China to tackle HIV/AIDS-related job discrimination." The report calls for ending mandatory HIV employment related testing:?

According to a summary from Xinhua (the full report has yet to be released), the CCDC collected multiple examples of institutionalized discrimination against people living with HIV/AIDS in places ranging from government offices to bars and beauty parlor, ultimately concluding that mandatory HIV testing of workers in the country should stop.

The Chinese government has taken steps to improve treatment and prevention of HIV/AIDS patients in recent years, including offering free antiretroviral drugs for those who are HIV positive, but the stigma of HIV/AIDS remains a deeply entrenched problem.?

The post goes on to note how the teacher's case is on appeal and how just his bringing it constitutes progress:

If the appeal court rules against Xiao Wu, HIV-positive individuals in China run the risk of seeing more employment discrimination in the future, Mr. Li said, but the case also “proves that people are conscious of their rights and know how to use legal weapons to protect them.”

“A few years ago they (HIV-positive individuals) might think they didn’t have a right to a job,” Mr. Li said. “Now they think they have a right. This is a change in China.

I predict we will see China's courts/government making clear fairly soon that AIDS discrimination in employment is prohibited.?

The earlier (way earlier) posts in this series are as follows:

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OSU honors family businesses top Oregon page November 18

By: Nancy Raskauskas | Posted the | 19 October 2010 | Comments off

CORVALLIS - VanNatta public relations, Inc., Old Dominion Collision Repair Centers, Ltd., Lum Auto Center and Henningsen Cold Storage Co. are the winners of this year of excellence 2010 Family Business Awards, presented by program the Oregon State University of Austin Business families.
Oregon companies will receive the prize with gratitude for seven finalists, a ceremony to be held from 5: 30 p.m. on 18 November at the Hilton Portland & Executive Tours.Marty, protection protective Fine Foods, will serve as moderator of the event.
More than 170 companies have received this recognition, given that prices were presented in 1988.Pour celebrate the 25th anniversary of the program, Pat Frishkoff, founder and Director of family Austin Business program will be recognized as a professional distinction business family.
The awards recognize the accomplishments of family businesses in innovation, entrepreneurship, commitment and community involvement.
"Family award-winning business can succeed for generations, even in difficult economic conditions, because corporations are adapted to their clients as the families that they meet their communities," said Sherri Noxel, acting program director Austin Family Business.
More than 100 family businesses have been appointed to 2010.Les candidates must then complete the application and a panel of judges will consider all requests to select the finalists.The second stage of the competition requires a presentation to the winner jugement.Un Commission and two finalists are picked for each category of the award.
The Salem VanNatta public relations is the winner in the category microphone, which is open to companies of nine employees or moins.Les said judges the success of the company was founded in part on the parents for the next generation of the freedom to redefine the orientation of the company to reach new customers.
Company ProWorks in Corvallis and Coelho Winery of friendship are finalists in the category of micro.
Old Dominion of Eugene/Springfield collision repair centres has won in the category of small, which is open to business cash 10-24 employees .the ' company has been recognized for the creation of new ways of customer service, and incorporating a sophisticated strategic planning level.
The finalists in this category are models Olufson Corvallis and second glance and schedule of Corvallis.
In the category medium (25-99 employees), Auto Centre of Warrenton Lum took first prize .the ' energy and enthusiasm of this family business - with its growth and support community - was cited by judges as main reasons for the award.
Ray Schultens Motors, slabs and ViewPlus Technologies of Corvallis will have price House as finalists in this category.
The top of large enterprises (100 employees) this year is Henningsen Cold Storage Co. company Hillsboro.Une family for four generations, Henningsen Cold Storage is one of the largest public cold stores in North America storage companies and has been recognized for customer satisfaction company Foundation employees and sustainable practices.
"The demand for the Family Business award process is a good refresher and we give the point of view and experience of other family businesses to guide us in the regions, we can improve, says Mike Henningsen, owner of Henningsen Cold Storage."
The finalist in the large category is killer bread Milwaukie, ore.NatureBake Dave
In addition to family companies, Dean's leadership in the family business award goes this year to Neil Kelly Co. for his leadership in innovation at home, building industry and serving families Oregon in need.
A student award will be awarded to the Zachary Newberg.Olson Olson is with a specialization in entrepreneurship business administration and is one of seven sons working in the second generation family business, Hiland Water Corporation.Le Faculty Awards recognize Steve Lawton, Professor Emeritus at OSU.
Austin at OSU family business program began in 1985 at the suggestion of Joan Austin A - dec based Newberg, Inc. and was staffed by Ken and Joan Austin in 1994.
More information and tickets for the dinner price are available at 1-800-859-7609 or http://www.familybusinessonline.org
-Angela Yeager, Oregon State University

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OSU honors family businesses top Oregon page November 18

By: Nancy Raskauskas | Posted the | 19 October 2010 | Comments off

CORVALLIS - VanNatta public relations, Inc., Old Dominion Collision Repair Centers, Ltd., Lum Auto Center and Henningsen Cold Storage Co. are the winners of this year of excellence 2010 Family Business Awards, presented by program the Oregon State University of Austin Business families.
Oregon companies will receive the prize with gratitude for seven finalists, a ceremony to be held from 5: 30 p.m. on 18 November at the Hilton Portland & Executive Tours.Marty, protection protective Fine Foods, will serve as moderator of the event.
More than 170 companies have received this recognition, given that prices were presented in 1988.Pour celebrate the 25th anniversary of the program, Pat Frishkoff, founder and Director of family Austin Business program will be recognized as a professional distinction business family.
The awards recognize the accomplishments of family businesses in innovation, entrepreneurship, commitment and community involvement.
"Family award-winning business can succeed for generations, even in difficult economic conditions, because corporations are adapted to their clients as the families that they meet their communities," said Sherri Noxel, acting program director Austin Family Business.
More than 100 family businesses have been appointed to 2010.Les candidates must then complete the application and a panel of judges will consider all requests to select the finalists.The second stage of the competition requires a presentation to the winner jugement.Un Commission and two finalists are picked for each category of the award.
The Salem VanNatta public relations is the winner in the category microphone, which is open to companies of nine employees or moins.Les said judges the success of the company was founded in part on the parents for the next generation of the freedom to redefine the orientation of the company to reach new customers.
Company ProWorks in Corvallis and Coelho Winery of friendship are finalists in the category of micro.
Old Dominion of Eugene/Springfield collision repair centres has won in the category of small, which is open to business cash 10-24 employees .the ' company has been recognized for the creation of new ways of customer service, and incorporating a sophisticated strategic planning level.
The finalists in this category are models Olufson Corvallis and second glance and schedule of Corvallis.
In the category medium (25-99 employees), Auto Centre of Warrenton Lum took first prize .the ' energy and enthusiasm of this family business - with its growth and support community - was cited by judges as main reasons for the award.
Ray Schultens Motors, slabs and ViewPlus Technologies of Corvallis will have price House as finalists in this category.
The top of large enterprises (100 employees) this year is Henningsen Cold Storage Co. company Hillsboro.Une family for four generations, Henningsen Cold Storage is one of the largest public cold stores in North America storage companies and has been recognized for customer satisfaction company Foundation employees and sustainable practices.
"The demand for the Family Business award process is a good refresher and we give the point of view and experience of other family businesses to guide us in the regions, we can improve, says Mike Henningsen, owner of Henningsen Cold Storage."
The finalist in the large category is killer bread Milwaukie, ore.NatureBake Dave
In addition to family companies, Dean's leadership in the family business award goes this year to Neil Kelly Co. for his leadership in innovation at home, building industry and serving families Oregon in need.
A student award will be awarded to the Zachary Newberg.Olson Olson is with a specialization in entrepreneurship business administration and is one of seven sons working in the second generation family business, Hiland Water Corporation.Le Faculty Awards recognize Steve Lawton, Professor Emeritus at OSU.
Austin at OSU family business program began in 1985 at the suggestion of Joan Austin A - dec based Newberg, Inc. and was staffed by Ken and Joan Austin in 1994.
More information and tickets for the dinner price are available at 1-800-859-7609 or http://www.familybusinessonline.org
-Angela Yeager, Oregon State University

Comments

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