Reasons for failure in the public examination: how to protect rights if you are ugly and don't be a policeman?

Ugly? Is hepatitis B virus carried? 、? Anemia gene? 、? Introverted in recent years, many candidates in public examinations all over the country dream of breaking out of a local public examination for the above reasons, among which there are many candidates who won the first place in written interview. At the end of last month, some netizens posted that it was because? Is acne ugly? I missed the internet police.

The current physical examination standard for civil servants was formulated in 2005, which is the first physical examination for civil servants in China? National standard? Before 2004, many restrictions in various places were lifted. However, discrimination often occurs in local areas. Experts said that this is related to the low cost of violations by relevant units. It is understood that in the past two years, deputies and members have been promoting anti-employment discrimination legislation. Beijing News reporter Wang Shu Intern Fu Zongheng

? The people's police want image, but they can't be policemen if they are ugly. . A few days ago, netizens? Dashan people in western Hunan? Posted that he participated in the network police examination of Xiangxi Public Security Bureau in Hunan Province, and entered the physical examination with the first place in the written interview, but he was ugly because of acne. Be eliminated.

? Dashan people in western Hunan? This experience has triggered a new round of doubts about the fairness of civil service examinations.

The current physical examination standard for civil servants was formulated in 2005. In the eight years since its implementation, some places have openly violated regulations, such as? Hepatitis B carriers? Shut out, there is discrimination. And in some places, with? Improper personality? For other reasons, let high-scoring candidates fall off the list.

1 looks discrimination?

Ugly and can't be a policeman.

? Dashan people in western Hunan? This post became a hot spot on the Internet at the end of August. This netizen took part in this year's civil service examination in Hunan Province because of acne on his face. Ugly? Be brushed. He questioned: I can pass the military medical examination, but I can't pass this medical examination?

In response, Xiangxi Human Resources and Social Security Bureau responded that facial scars affect the face, and scars are difficult to cure and recur. According to Article 3, Part I of the Special Standard for Physical Examination of Civil Servants, the conclusion is unqualified and will not be filed.

According to the inquiry, the standard stipulates skin diseases that affect the face and are difficult to cure (such as vitiligo, psoriasis, hemangioma, spot nevus and so on). ), or the appearance has obvious disease characteristics (such as facial deformity, torticollis can not be corrected by itself, abnormal gait, etc. ), are not qualified.

There are no specific examples in the regulations? Acne? . In this regard, on August 28, the relevant person in charge of the Civil Service Administration of Xiangxi Human Resources and Social Security Bureau was interviewed by the Beijing News, stressing again? Dashan people in western Hunan? The scar on the face meets the conditions of refusing to record. The bureau attaches great importance to this matter and is currently discussing it, so it is not convenient to disclose details for the time being? .

The Institute of Constitutional Law of China University of Political Science and Law has long been engaged in the investigation of employment discrimination of examiners. Liu Xiaonan, a professor at the institute, believes that there are many kinds of police. If you don't need to show your image like a guard of honor, or you need an inconspicuous appearance like a plainclothes, you shouldn't take ugliness and beauty as the assessment criteria. Dashan people in western Hunan? Obviously, the network police position that applies for the exam does not belong to the above situation.

2 medical history discrimination?

Is there a lack of comprehensive diagnosis of syphilis?

? Dashan people in western Hunan? The experience made Wang Li (pseudonym), a girl from Hebei, indignant: there was no mention of acne in the medical examination standard, and the staff themselves understood it. ?

Wang Li is also because? Physical examination? Be brushed. At that time, although she applied for a public institution, the general standard of civil service medical examination was implemented in the recruitment medical examination.

Wang Li said that things originated in September last year. At that time, the Education Bureau of Qingyuan County, Hebei Province recruited music teachers in rural primary schools, and Wang Li passed the written test and interview and entered the physical examination. She tested positive for TPHA syphilis. But I've been cured and I'm applying for a re-examination. ? In the process of waiting, Wang Li saw the "publicity of rural primary school teachers in Qingyuan County" on Baoding Talent Online, and she failed the list.

To this end, Wang Li repeatedly found Qingyuan County Human Resources and Social Security Bureau and County Education Bureau, and finally got a second interview in June+10 this year. Wang Li explained that on the day of the re-inspection, the relevant staff were present, and Baoding Infectious Disease Hospital gave a clear answer. The re-examination results 8 days before the physical examination confirmed that Wang Li had been cured.

Last month, Wang Li took qingyuan county Human Resources and Social Security Bureau and qingyuan county Education Bureau to court, demanding that the county human resources, labor and social security bureau and county education bureau employ her as a teacher according to law. On the 22nd of that month, the court of Baoding Xincheng District held its first session.

At the trial? Is syphilis serum specific antibody (TPHA) positive? Whether it can be used as a rejection standard, both parties have their own words.

The reply said that the Qingyuan County Human Resources and Social Security Bureau said that what items are required to detect syphilis in the Civil Servant Employment Physical Examination Form? Syphilis serum specific antibody (TPHA)? . When Wang Li was in the designated hospital for physical examination, TPPA was positive, and the conclusion of physical examination was inconsistent.

The Beijing News reporter learned from many doctors that most syphilis patients still retain the characteristics of TPHA lifelong positive after being cured, but they are not contagious.

Perhaps it is based on the above considerations that the Manual of Physical Examination for Civil Servants (Trial) specifically clarifies the principle of syphilis diagnosis: the diagnosis must be made according to the comprehensive analysis of medical history, clinical symptoms, signs and laboratory tests. According to Wang Li's retelling, during the physical examination of conscription, the relevant departments only did the TPHA test for syphilis.

Public reports show that there are not a few people who have similar experiences with Wang Li. The relevant recruitment unit only needs to designate a medical examination hospital to check it out? TPHA positive? Will it be tried? Did the physical examination fail? , rarely combined with clinical and so on? Comprehensive diagnosis? .

3 genetic discrimination?

Those with potential risks are out.

Three years ago, Foshan, Guangdong? The first case of genetic discrimination in China? It has attracted everyone's attention.

How were they rejected?

Unqualified personality?

National regulations:

The state has not issued relevant standards and specific regulations.

Related cases:

20 1 1, Liu Jinxing, a graduate student from Gansu Province, won the first place in the General Office of Fujian Provincial Party Committee, but was rejected because of his personality.

Hepatitis B discrimination?

National regulations:

The General Standard for Physical Examination of Civil Servants (for Trial Implementation) failed in all kinds of acute and chronic hepatitis. After examination, hepatitis was excluded, and the carrier of hepatitis B pathogen was qualified.

Related cases:

In July 2009, Liu Rong (pseudonym), a female graduate student in Rizhao, applied for a primary school teacher in Rizhao Economic Development Zone. During the physical examination, she was found to be a carrier of hepatitis B virus and was rejected.

Genetic discrimination?

National regulations:

1. Inspection items of civil servant employment physical examination form? Blood routine? In the column,? Total white blood cells and their classification, hemoglobin (HGB), total red blood cells (RBC) and platelet count (PLT)? , not including? Mean red blood cell volume (MCV)? Test items.

2. "Civil Service Employment Physical Examination Form" Physical Examination Instructions Article 9: The physical examination doctor may add necessary corresponding examinations and inspection items according to actual needs.

Related cases:

In the summer of 2009, three Foshan candidates took the civil service examination in Foshan, but were rejected because they were found to carry thalassemia gene in physical examination.

Appearance discrimination?

National regulations:

The Special Standard for Civil Servant Physical Examination stipulates that skin diseases (such as vitiligo, psoriasis, hemangioma, spot nevus, etc. ) unqualified that affects face and is difficult to cure.

Related cases:

Netizen? Dashan people in western Hunan? Participated in the network police examination of Xiangxi Public Security Bureau in Hunan Province, and entered the physical examination with the first place in the written interview. Because of acne? Ugly? Be eliminated. However, the relevant standards do not specifically mention acne.

Heart rate is unqualified?

National regulations:

In 20 13, Ministry of Human Resources and Social Security, Ministry of Health and National Civil Service Bureau jointly issued a document to make new adjustments to the policy of civil service examination and employment. If the heart rate, vision, hearing, blood pressure and other items fail to meet the medical examination standards, the medical examination will be arranged on the same day, instead of applying for re-examination within 7 days after receiving the medical examination conclusion.

Related cases:

Chu Xiao (pseudonym) applied for the financial position of Anhui Provincial People's Procuratorate this year. The total score of written interview is the first to enter the physical examination. Chu Xiao said that 10 second was not measured for the first time on the day of physical examination. The doctor said that the heart rate was too fast and he didn't record it. Check again after a break of less than 10 minutes. Later, Chu Xiao was told that the report showed that? Heart rate is too fast? , the first time? No notes? The detection of 10 second is recorded in the report. Before and after the public examination, Chu Xiao's own physical examination was normal.

Medical history discrimination?

National regulations:

1. General standard of physical examination for civil servants (for Trial Implementation): gonorrhea and syphilis? Unqualified. ?

2. The Manual of Civil Servants' Physical Examination (Trial) clarifies the diagnosis principle of syphilis: the diagnosis must be made according to the comprehensive analysis of medical history, clinical symptoms, signs and laboratory tests.

Related cases:

Wang Li, a girl from Hebei, was diagnosed with syphilis and was cured by the hospital. I applied for the music teacher of rural primary school in Yuanxian County, Hebei Province, but I was still rejected because of the positive test.

Beijing News Cartography/zhangyan Cartographic Data/Beijing News reporter Wang Shu Intern Fu Zongheng Xinhua News Agency

Three candidates took the Foshan civil service examination, passed the written examination and interview, but were found to be carrying them in the physical examination. Thalassemia gene? (hereinafter referred to as thalassemia gene), rejected.

A public welfare organization in Beijing, where the army is located, helps candidates contact public welfare lawyers. The army also participated in the trial.

The army recalled that the trial debated whether it was illegal to increase the blood test in the physical examination of Foshan civil servants.

In the civil service recruitment physical examination form, the routine blood examination does not include the detection of mean red blood cell volume (MCV), but this one is used to detect thalassemia gene.

The plaintiff believes that it is illegal to increase testing without authorization. Foshan Human Resources and Social Security Bureau argued that although MCV testing is not required in the Civil Servant Employment Physical Examination Form, it is also required? According to actual needs, physical examiners can add necessary corresponding examinations and inspection items. ? According to the characteristics of thalassemia in Guangdong, there is nothing wrong with increasing MCV detection in hospitals.

20 10 September, three candidates lost the case. However, it is understood that the recruitment of civil servants in Foshan is no longer subject to MCV.

The army believes that the hidden worries of this storm are still there. The "Civil Servant Employment Physical Examination Form" gives local discretion, and testing items can be added as needed. Besides thalassemia gene, are there any genes detected elsewhere? It is not appropriate to be rejected because you carry a certain gene and have the potential risk of getting sick. It is suggested that laws and regulations restricting gene detection should be formulated to clarify which genes can be detected and which genes cannot be detected. .

However, some officials believe that civil servants adhere to the principle of merit-based admission. Imagine how much more medical expenses you have to pay if you recruit someone with the potential to get sick and get seriously ill after taking up your post.

4 hepatitis b discrimination?

Derived physical examination institution

What if? TPHA syphilis test positive? And then what? Genetic testing for thalassemia? , but also to fight the standard dispute, and then some areas refused to file? Hepatitis B virus carriers? This incident is a flagrant violation.

Shandong Rizhao female graduate student Liu Rong (pseudonym) is a? Hepatitis B discrimination? The victim. In July 2009, in the recruitment of primary school teachers in Rizhao Economic Development Zone, she won the first place in the total score of Chinese language group. However, when he was examined, he was found to be a hepatitis B virus carrier and was rejected. She took the Education Bureau of Rizhao Economic Development Zone to court.

Liu Rong won the case, and the court decided to cancel the decision of the Education Bureau of Rizhao Economic Development Zone not to employ Liu Rong, and ordered the Education Bureau of Rizhao Economic Development Zone to take a specific administrative action, that is, to employ Liu Rong.

However, the Education Bureau of Rizhao Economic Development Zone did not execute the court's judgment, and Liu Rong has been unable to go to work.

20 10 Ministry of Human Resources and Social Security, the Ministry of Education and the Ministry of Health jointly issued a document, further clarifying the cancellation of hepatitis B testing items in the physical examination of enrollment and employment.

Lei Chuang is a carrier of hepatitis B virus. Because it has defended the rights of this group many times, it is called by the media. Hepatitis B fighter? . Lei Chuang introduced, at present? Hepatitis B discrimination? Have you been transferred? Implicit discrimination? In order to avoid supervision, some medical institutions draw blood at home. ? Hepatitis B discrimination? Also gave birth? Physical examination? Industry.

Reporters search on search engines? Physical examination? , found a lot? Physical examination? What are the advertisements and business introductions of organizations? Civil servant inspection? .

For example, a company called. Perfect physical examination service? The agency said: Did someone bring it during the physical examination? Our company has had numerous physical examinations for civil servants. I am familiar with the national physical examination process, and any physical examination items can be checked on behalf of me! Ensure that the medical examination passes smoothly!

5 heart rate is unqualified?

Usually it's normal, but this time it's not normal.

Sometimes, some test scores themselves are questioned, and then the recruitment process is also questioned.

Yesterday, Xinhua reported such a case.

Chu Xiao (pseudonym) is a master of accounting in a university in Guangdong. This year, she applied for the financial position of Anhui Provincial People's Procuratorate. After the written interview, the total score is the first to enter the physical examination.

According to Chu Xiao, on the day of civil servants' physical examination, 10 second was not measured for the first time. The doctor said that his heart rate was too fast and he didn't record it. Let him have a rest and check again. After a break of less than 10 minutes, he was called to re-examine. ? During the test, the doctor said that my heart beat too fast and so on, which made me more nervous. ?

The next day, Chu Xiao himself went to the designated hospital for civil servants' physical examination, and his heart rate was 70, which showed normal.

On August 22nd, Chu Xiao was informed that the medical report showed that his heart rate reached 1 18. Heart rate is too fast? .

? I can't accept the results of this physical examination, because every physical examination before was normal. Why is it not normal this time? Chu Xiao said.

On August 28th, Xinhua News Agency contacted the relevant officials of Anhui Provincial Procuratorate and Examination Organization Department, and they all said that they were verifying the matter.

20 13 Ministry of Human Resources and Social Security, the Ministry of Health and the National Civil Service Bureau jointly issued a document to make new adjustments to the policy of civil service examination and employment. If the heart rate, vision, hearing, blood pressure and other items fail to meet the medical examination standards, the medical examination will be arranged on the same day, instead of applying for re-examination within 7 days after receiving the medical examination conclusion.

The original intention of the policy change is to reduce the number of medical examinations? Human factors? But some people pointed out that this may reduce the accuracy of physical examination, even for? Human factors? Manipulate the physical examination results to leave more room.

6 unqualified personality?

? Personality is not suitable for the post?

From 20 1 1, with a different personality? It has also become a reason for refusing to record in public recruitment. Liu Jinxing, a graduate student from Gansu, passed the physical examination with the first total score and applied for the position of a clerk in the General Office of Fujian Provincial Party Committee. Personality reasons? Rejected. From the recordings he provided to the media, we learned that some of your characters and behaviors, including organizational discipline, are no longer suitable for our post.

In June, 5438+last year 10, the general office of Fujian Provincial Party Committee issued an official communique explaining the reasons for refusing to record Liu Jinxing, saying? The comrade was not suitable for the post and decided not to be employed after careful study? .

Yesterday, Liu Jinxing told us that in June of last year, 5438+ 10, he also sent an application form for the disclosure of government information to the Organization Department of Fujian Provincial Committee, Fujian Civil Service Bureau and Fujian General Office, requesting the disclosure of the reasons for his rejection and the specific legal basis.

So far, he hasn't received any written reply.

Liu Jinxing, who is now engaged in the IT industry in Beijing, recalls that he was a student cadre for three years when he was a student, and he organized many group activities. During the internship and? Do leaders get along well with colleagues? Don't belong to very boring people.

Liu xiaonan believes that personality tests are different from exams, so it is impossible to simply quantify the results, and it is not excluded to use them in individual places? Personality? Make a fuss, for what? Radish recruitment? 、? Black-box operation provides space.

Future prospects

Promote relevant legislation on behalf of Committee members.

According to the Civil Service Law of People's Republic of China (PRC), there are only three situations in which it is forbidden to employ civil servants: those who have been criminally punished for crimes; Being expelled from public office; There are other circumstances in which employment as a civil servant is prohibited by law. With regard to the requirements of physical examination, relevant laws and regulations point out that the items and standards of physical examination are determined according to the post requirements, and the specific measures shall be formulated by the central competent department of civil servants in conjunction with the health administrative department of the State Council.

Some experts have analyzed that employment discrimination cases are frequent. On the one hand, there is no classification of employment discrimination in the catalogue of cases related to judicial interpretation of the Supreme Law, and some anti-discrimination cases are not accepted. On the other hand, when encountering employment discrimination, the cost of safeguarding rights is too high, and the illegal cost of infringing units is low.

Liu Xiaonan said that before 2005, the state did not have a unified medical examination standard for civil servants. Bilateral breast symmetry? And so on have also become restrictive conditions. In 2005, after the implementation of "General Standard of Civil Servant's Employment Physical Examination (Trial)", the discrimination in the public examination has improved. Age discrimination has been relaxed, and some positions are no longer 35 years old as the upper age limit; There is less discrimination in height, and some public security organs and customs no longer set rigid height standards. But gender discrimination and household registration discrimination are still widespread. .

Liu Xiaonan said that when Cai, a famous constitutional scholar, was alive, he organized the drafting of an expert proposal on the Anti-Employment Discrimination Law and submitted it to the relevant departments. This country in the past two years? Two sessions? Some NPC deputies and CPPCC members are pushing for anti-employment discrimination legislation.

Liu Xiaonan also suggested that we can focus on solving practical problems in the short term. For example, to solve the causes of employment discrimination cases, can the Supreme Law issue a judicial interpretation? .