<i>Essay: Understanding Employment Discrimination Litigation in China Through The Notion of "Rights Apathy"</i>
Chan, Sheera & Zou, Mimi
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.