女子入职1个月查出怀孕被辞退

2021年12月，南京的陈女士与某公司签订为期2年的劳动合同，试用期6个月。然而2个月后，陈女士收到解除劳动关系通知，称其被证明不符合录用条件。陈女士起诉至法院，认为单位故意辞退自己，原因是自己在入职后1个月查出身孕。最终，法院判决恢复陈女士与单位的劳动关系。

🤔️小作业：

A. They are not aware of the relevant laws.

B. They are satisfied with the compensation received.

C. They fear being retaliated against or facing difficulties in finding other work.

D. They believe it's a personal issue rather than a legal one.

A. It is seen as a victory and an encouragement for other women to come forward.

B. It does not provide a significant deterrent to employers to change their practices.

C. It reflects the societal value placed on working mothers.

D. It causes the women to lose faith in the legal system.

无注释原文：

In China, Working Mothers Say They Are Fired or Sidelined

From: The New York Times

Nov. 1, 2019

The women’s accusations briefly lit up the Chinese internet. Three employees of a big Chinese logistics company said their bosses had fired them or cut their pay after they became pregnant.

In one case, the company, CRL, did not send a representative to an arbitration proceeding. The company then went to court to challenge the award the woman received. But it backed off as media attention intensified and because the stakes were so small: The award was less than $5,000.

“It isn’t worth it to waste time on this little money,” the company’s lawyer told a local reporter for a state-controlled newspaper.

China is encouraging women to have it all: a career and more babies. In reality, Chinese women are filing lawsuits and pursuing arbitration against employers who they claim are ignoring laws meant to keep mothers in the workplace.

China has laws against gender and pregnancy discrimination and a maternity policy that ensures 98 days of paid leave, but enforcement is scant. Women who seek a legal remedy for mistreatment often win a pittance in compensation. They worry that a fight — any fight — will ruin their chances to find other work. And they fear retribution if they speak publicly.

In the case of CRL, a company based in Beijing that operates 5,000 warehouses, the three women said they had were either expecting or nursing when they lost their jobs. They turned their cases into a rare coordinated action and were identified in court papers by their first initials and last names. None want to talk about it now.

But some women, like Li Xiaoping, want to speak up. She was fired by an electronics company, she said, after disclosing that she was pregnant. “Should a woman just go back to fulfilling her traditional role as a wife and be shut out of society after giving birth?” she said.

Ms. Li, 33, said that her former employer, QKE, billed her $18,430, the equivalent of 52 months of pay. The company said it billed her for “great economic loss” and that she did not show up for work. She said that the company had locked her out.

Ms. Li prevailed in arbitration but lost when the company appealed in court. She is fighting that and another legal dispute: the company has sued Ms. Li, her husband, a Chinese reporter and a newspaper that wrote about her case for defamation, seeking $1 million in damages.

Li Wei, the chief executive of QKE, disputed Ms. Li’s story, saying it was “completely inconsistent with the facts.” “In the last three years, 11 female employees have had babies,” Mr. Li said. “This is the best evidence that we treat our female employees well.”

It might look like the time has never been better for working mothers in China.

The discrimination often begins with the job application.

It is illegal in China for employers to ask a woman about her marital status or family plans, but many companies still do. Some even force new employees to sign agreements not to get pregnant. Some women, like Liu Yang, are reconsidering the fairness of earlier demotions.

Ms. Liu, 42, worked for eight years selling sanitary napkins and maternity products for BST, a company in Jinan. She was a deputy manager when she had her first child, in 2014, and she was demoted when she returned, she said. Her monthly pay was cut from $1,120 to $980.

Ms. Liu did not view it as discrimination at the time.

“I just internalized it,” she said. “I realize now that the company treated me unfairly, but I didn’t know much about the law.”

She said that other pregnant women were demoted, and that one was fired. When she got pregnant again, BST cut her pay to $630, she said. She did not receive maternity pay. She was fired within a week of returning, with the company citing unsatisfactory work.

“I felt helpless and mistreated,” Ms. Liu said. She and her husband support two children and two grandparents.

She pursued arbitration, seeking $105,000 in unpaid wages, lost overtime and damages. She was awarded $25,000. She is appealing in court. Her husband, Wang Guanghui, is as determined as Ms. Liu to make the company do what they think is right.

“Society has laws and rules, and they cannot bully us like that,” Mr. Wang said.

In the 2017 case involving CRL, a customer service manager said that her pay had been cut after she had a baby. Identified as Y.W. Wu in court filings, she sought $5,600 in compensation. She won by default after no one from the company attended arbitration. CRL appealed in court, citing financial losses and restructuring as the reason her pay had been cut. The company, which employs 50,000 people, did not respond to requests for comment.

The three women won about $17,000 in total compensation. Huang Sha, their lawyer, said that such small payouts gave companies little incentive to obey the law.

“Women’s rights should not just be propaganda,” he said.

- ◆ -

注：中文文本为纽约时报官方译文，仅供参考

含注释全文：

降薪、解职、被边缘化：中国职场妈妈的生存困境

In China, Working Mothers Say They Are Fired or Sidelined

From: The New York Times

Nov. 1, 2019

The women’s accusations briefly lit up the Chinese internet. Three employees of a big Chinese logistics company said their bosses had fired them or cut their pay after they became pregnant.

这些女性的指控一度在中国互联网上引发热议。中国一家大型物流公司的三名员工说，怀孕后，老板不是让她们走人就是给她们减薪。

表示“后勤；物流；组织工作”，英文解释为“the practical organization that is needed to make a complicated plan successful when a lot of people and equipment is involved”

In one case, the company, CRL, did not send a representative to an arbitration proceeding. The company then went to court to challenge the award the woman received. But it backed off as media attention intensified and because the stakes were so small: The award was less than $5,000.

在一个案例中，CRL公司没有派代表参加仲裁程序。该公司随后走上法庭，对这名女性获得的赔偿提出质疑。但随着媒体关注的加大，加之金额实在太小——不到5000美元，遂放弃。

表示“仲裁”，英文解释为“the process of solving an argument between people by helping them to agree to an acceptable solution”举个🌰：Both sides in the dispute have agreed to go to arbitration (= to have the disagreement solved by an arbitrator). 争议双方都同意提请仲裁。

📍CAS：Court of Arbitration for Sport，国际体育仲裁院，又译为国际体育仲裁庭，是一个专门为解决体育纠纷而设立的国际性仲裁机构。

1）表示“一系列事件；一系列活动”，英文解释为“a series of events that happen in a planned and controlled way”举个🌰：Millions of people watched the proceedings on television. 数百万人通过电视观看了这一系列活动。

2）表示“诉讼”，英文解释为“legal action”举个🌰：I started legal proceedings to try to have him taken away from his parents permanently. 我提起诉讼，想把他从父母身边永远带走。

back off 1）表示“放弃；放手；停止（指手画脚）”，英文解释为“to stop being involved in a situation, usually in order to allow other people to deal with it themselves”举个🌰：She started to criticize me, then she suddenly backed off. 她开始批评我，后来突然停了下来。

2）表示“（尤指因为害怕）后退；退缩”，英文解释为“to move backwards away from someone, usually because you are frightened”举个🌰：I saw the knife and backed off. 我看见那把刀，吓得连忙后退。

表示“加强，增强；强化”，英文解释为“to become greater, more serious, or more extreme, or to make something do this”举个🌰：I jump, intensifying the pain in all my muscles. 我跳起来，浑身的肌肉更加疼痛了。

1）表示“股本，股份”，英文解释为“a share or a financial involvement in something such as a business”举个🌰：He holds (= owns) a 55 percent stake in/of the company. 他拥有公司55%的股份。

2）表示“赌注，赌金”，英文解释为“the amount of money that you risk on the result of something such as a game or competition”

3）stakes 复数，表示“（活动或比赛的）奖金，奖品，回报”，英文解释为“In an activity or competition, the stakes are the reward for the person who wins or succeeds in it.”举个🌰：The team is playing for enormous stakes - the chance to play in the final. 这支球队正在为无上的回报，即进入决赛，而拼命一搏。

补充：

📍have a stake in sth表示“对…有强烈的兴趣；与…有利害关系”，英文解释为“If you have a stake in something, it is important to you because you have a personal interest or involvement in it.”举个🌰：Employers have a stake in the training of their staff. 雇主很重视员工培训。

“It isn’t worth it to waste time on this little money,” the company’s lawyer told a local reporter for a state-controlled newspaper.

“可能觉得金额小吧，不折腾这事儿了，”该公司的律师对一家官方报纸的当地记者。

China is encouraging women to have it all: a career and more babies. In reality, Chinese women are filing lawsuits and pursuing arbitration against employers who they claim are ignoring laws meant to keep mothers in the workplace.

中国正在鼓励女性每样都不要落下：事业和更多的孩子。而实际上，中国女性正在对雇主提起诉讼和寻求仲裁，她们称雇主无视让母亲留在工作场所的法律。

表示“提起（诉讼）；提出（申请）；送交（备案）”，英文解释为“to present sth so that it can be officially recorded and dealt with”如：to file for divorce 提交离婚申请书，to file a claim/complaint/petition/lawsuit 提出索赔/申诉；呈交诉状；提起诉讼。

China has laws against gender and pregnancy discrimination and a maternity policy that ensures 98 days of paid leave, but enforcement is scant. Women who seek a legal remedy for mistreatment often win a pittance in compensation. They worry that a fight — any fight — will ruin their chances to find other work. And they fear retribution if they speak publicly.

中国有禁止性别歧视和怀孕歧视的法律，还有确保98天带薪产假的生育政策，但执行力度不够。因不公正的对待而寻求法律救济的女性往往只能得到微薄的补偿。她们担心一旦发生冲突，不管是怎样的冲突，都会毁掉她们再找其他工作的机会。而且，她们也害怕公开发声会遭到报复。

表示“歧视；区别对待”，英文解释为“treating a person or particular group of people differently, especially in a worse way from the way in which you treat other people, because of their skin colour, sex, sexuality, etc.”如：racial/sex/age discrimination 种族/性别/年龄歧视。

maternity /məˈtɜː.nə.ti/ 表示“怀孕的；产妇的”，英文解释为“related to pregnancy and birth”如：maternity clothes 孕妇装。

表示“少量的；不足的；贫乏的”，英文解释为“very little and not enough”举个🌰：He pays scant attention to the needs of his children. 他很少关注自己孩子的需求。

pittance /ˈpɪt.əns/ 表示“小数额的钱，（尤指）微薄的工资”，英文解释为“a very small amount of money, especially money received as payment, income, or a present”举个🌰：He works hard but he's paid a pittance. 他工作辛劳，但收入微薄。

retribution /ˌret.rɪˈbjuː.ʃən/ 表示“严惩；应得的惩罚；报应”，英文解释为“deserved and severe punishment”举个🌰：Many saw her death as divine retribution (= punishment by God) for her crimes. 很多人看来，她的死罪有应得，是天谴。

In the case of CRL, a company based in Beijing that operates 5,000 warehouses, the three women said they had were either expecting or nursing when they lost their jobs. They turned their cases into a rare coordinated action and were identified in court papers by their first initials and last names. None want to talk about it now.

以CRL公司为例，这家总部位于北京的公司经营着5000个仓库。那三名女性表示，她们失去工作时，不是在怀孕就是在哺乳。她们把自己的案子变成了一场罕见的协同行动，在法庭文件中，用的是她们的名字缩写和姓。现在她们都不愿意谈论这起案件。

熟词僻义，表示“怀上；怀孕”，英文解释为“If you say that a woman is expecting a baby, or that she is expecting, you mean that she is pregnant.”举个🌰：She was expecting another baby. 她怀上又一个孩子了。

But some women, like Li Xiaoping, want to speak up. She was fired by an electronics company, she said, after disclosing that she was pregnant. “Should a woman just go back to fulfilling her traditional role as a wife and be shut out of society after giving birth?” she said.

但是李晓萍这样的女性想要说出来。她称，在透露自己怀孕后，她被一家电子公司解雇了。“女人就应该回到传统的妻子角色，生完孩子就被社会拒之门外吗？”她说。

表示“公开，公布；透露，揭露”，英文解释为“to make something known publicly, or to show something that was hidden”举个🌰：The company has disclosed profits of over £200 million. 这家公司已公布其利润超过两亿英镑。

Ms. Li, 33, said that her former employer, QKE, billed her $18,430, the equivalent of 52 months of pay. The company said it billed her for “great economic loss” and that she did not show up for work. She said that the company had locked her out.

33岁的李晓萍说，她的前雇主QKE公司向她索赔131652元，相当于她52个月的工资。该公司称，索赔是因为她给公司造成了“巨大的经济损失”。她表示，是公司不许她进厂上班。

1）作形容词，表示“（价值、数量、意义、重要性等）相等的，相同的”，英文解释为“equal in value, amount, meaning, importance, etc.”举个🌰：Eight kilometres is roughly equivalent to five miles. 八公里约等于五英里。

2）作名词，表示“相等的东西；等量；对应词”，英文解释为“a thing, amount, word, etc. that is equivalent to sth else”。

比如，提到Weibo时候会介绍为中国版的Twitter，常见的有几种说法：

🧣Weibo, China's Twitter-like service (SCMP)

🧣Weibo, the Chinese equivalent to Twitter (NPR NEWS)

🧣Twitter-like Weibo (Reuters)

🧣Weibo, a Twitter-like platform (NYT)

1)   )表示“阻止（工人）工作”，英文解释为“to prevent workers from entering their place of work until they agree to particular conditions given by the employer”举个🌰：Management has threatened to lock out the workforce if they do not accept the proposed changes in working methods. 管理层威胁说，如果工人不接受改变工作方法的提议就不让他们上班。

2）表示“将（某人）锁在门外”，英文解释为“to prevent someone from entering a building or room by locking the door”

Ms. Li prevailed in arbitration but lost when the company appealed in court. She is fighting that and another legal dispute: the company has sued Ms. Li, her husband, a Chinese reporter and a newspaper that wrote about her case for defamation, seeking $1 million in damages.

李晓萍在仲裁中胜诉，但在公司上诉时败诉。她正在对抗这一指控，以及另一场法律纠纷：该公司起诉了李晓萍、她的丈夫、一名中国记者和一家报纸，要求获得约700万人民币的损害赔偿。

主要有两个含义， 1）表示“（观点，原则）占上风，占优势，获胜”，英文解释为“If a proposal, principle, or opinion prevails, it gains influence or is accepted, often after a struggle or argument.”举个🌰：Justice will prevail. 正义终将获胜。Common sense prevails/Reason prevails (=a sensible decision is made). 常识/理智占了上风。

2）表示“盛行；普遍存在”，英文解释为“If a situation, attitude, or custom prevails in a particular place at a particular time, it is normal or most common in that place at that time.”举个🌰：A similar situation prevails in China. 同样的情况在中国也普遍存在。

表示“（尤指为了改变法律或官方裁决而提出的）诉请，异议，申诉”，英文解释为“a request made to a court of law or to someone in authority to change a previous decision”举个🌰：The case went to the court of appeal/the appeal court. 案件被提交到上诉法院。

表示“诬蔑；诽谤；中伤”，英文解释为“the act of damaging sb's reputation by saying or writing bad or false things about them”举个🌰：The company sued for defamation. 这个公司因受到诽谤而提起诉讼。

Li Wei, the chief executive of QKE, disputed Ms. Li’s story, saying it was “completely inconsistent with the facts.” “In the last three years, 11 female employees have had babies,” Mr. Li said. “This is the best evidence that we treat our female employees well.”

QKE公司的总经理李伟反驳了李晓萍的说法，称其“完全与事实不符”。“在过去三年里，公司有11名女员工生了孩子，”李伟说。“这就是我们善待女员工最好的证据。”

It might look like the time has never been better for working mothers in China.

在中国，职场母亲的日子似乎从来没有这么好过。

The discrimination often begins with the job application.

歧视通常是从求职开始的。

It is illegal in China for employers to ask a woman about her marital status or family plans, but many companies still do. Some even force new employees to sign agreements not to get pregnant. Some women, like Liu Yang, are reconsidering the fairness of earlier demotions.

在中国，雇主询问女性的婚姻状况或生育计划是违法的，但许多公司仍然这样做。一些公司甚至强迫新员工签署怀孕协议。刘洋这样的女性，正在重新思考，早些时候遭到降职是否公平。

marital status /ˌmær.ɪ.təl ˈsteɪ.təs/ 表示“婚姻状况”，英文解释为“the fact of someone being married or not”举个🌰：Could I ask you about your marital status? 我能问一下你的婚姻状况吗？

demotion /dɪˈməʊ.ʃən/ 表示“降级；降职”，英文解释为“a reduction in rank or position”举个🌰：The club were threatened with demotion to the Second Division. 这家俱乐部面临降级到乙级队的危险。

Ms. Liu, 42, worked for eight years selling sanitary napkins and maternity products for BST, a company in Jinan. She was a deputy manager when she had her first child, in 2014, and she was demoted when she returned, she said. Her monthly pay was cut from $1,120 to $980.

42岁的刘洋在济南BST公司工作了八年，销售卫生巾和孕妇用品。她说，2014年生第一个孩子时，她是副经理，回来后遭到降职。月薪从1120美元降到了980美元。

sanitary /ˈsænɪtərɪ/ 作形容词1）表示“清洁的，卫生的，于健康无害的”，英文解释为“clean and not causing any danger to people’s health”举个🌰：Often, the camps were not very sanitary. 营地里常常不太卫生。

2）或者是“有关卫生的，与健康有关的”，英文解释为“relating to the ways that dirt, infection, and waste are removed, so that places are clean and healthy for people to live in”举个🌰：Diseases were spread through poor sanitary conditions. 疾病因卫生条件很差而传播开来。

表示“餐巾；餐巾纸”，英文解释为“a small square piece of cloth or paper, used while you are eating to protect your clothes or to clean your mouth or fingers”。

1）表示“代理人；副职，副手”，英文解释为“a person who is given the power to do something instead of another person, or the person whose rank is immediately below that of the leader of an organization”

2）表示“（某些国家的）议员”，英文解释为“the name for a member of parliament in some countries”。

Ms. Liu did not view it as discrimination at the time.

刘洋当时并没有意识到这是歧视。

“I just internalized it,” she said. “I realize now that the company treated me unfairly, but I didn’t know much about the law.”

“我也就忍了，”她说。“公司对我们不公平。当时不太懂法律。”

internalise/internalize 表示“将（情感）藏在心底；使（想法、态度、信仰等）成为性格的一部分，使内化”，英文解释为“If you internalize your emotions or feelings, you do not allow them to show although you think about them. To accept or absorb an idea, opinion, belief, etc. so that it becomes part of your character”举个🌰：Many women tend to internalize their anxiety and distress. 许多女性常常将所有的焦虑和苦恼都深藏心底。

She said that other pregnant women were demoted, and that one was fired. When she got pregnant again, BST cut her pay to $630, she said. She did not receive maternity pay. She was fired within a week of returning, with the company citing unsatisfactory work.

她说，其他孕妇也遭到降职，还有一位被解雇。当她再次怀孕时，BST公司将她的工资削减到630美元，她说。她没有得到产假工资。她回来不到一周就被解雇了，公司的理由是对她的工作不满意。

“I felt helpless and mistreated,” Ms. Liu said. She and her husband support two children and two grandparents.

“我感到很无助也很委屈，”刘洋说。目前她和丈夫要抚养两个孩子，还要供养两位祖父母。

She pursued arbitration, seeking $105,000 in unpaid wages, lost overtime and damages. She was awarded $25,000. She is appealing in court. Her husband, Wang Guanghui, is as determined as Ms. Liu to make the company do what they think is right.

她寻求仲裁，要求得到10.5万美元的未付工资、加班费和赔偿金。她获得了2.5万美元。她正在提起上诉。丈夫王广辉和她一样，决心让公司做他们认为正确的事情。

作名词，表示“工资，工钱，报酬”；作动词，表示“发动（战争）；组织，筹备（活动）”，英文解释为“to fight a war or organize a series of activities in order to achieve something”举个🌰：They've been waging a long campaign to change the law. 他们为修改这一法律已组织发起了一场持久的运动。

📍《经济学人》（The Economist）一篇介绍拉美电商平台美卡多的文章中提到：The biggest is Amazon, against which his firm has waged a costly battle in Mexico. 最大的威胁来自亚马逊，美卡多与它在墨西哥展开了一场较量，代价高昂。

“Society has laws and rules, and they cannot bully us like that,” Mr. Wang said.

“社会有法律和规则，他们不能那样欺负我们，”王广辉说。

作名词，表示“恃强凌弱者，以大欺小者”，英文解释为“someone who hurts or frightens someone who is smaller or less powerful, often forcing them to do something that they do not want to do”举个🌰：You're just a big bully! 你欺负人！

作动词，表示“伤害；胁迫；欺负，欺凌”，英文解释为“to hurt or frighten someone who is smaller or less powerful than you, often forcing that person to do something they do not want to do”举个🌰：Our survey indicates that one in four children is bullied at school. 我们的调查表明，有四分之一的孩子在学校受人欺负。

In the 2017 case involving CRL, a customer service manager said that her pay had been cut after she had a baby. Identified as Y.W. Wu in court filings, she sought $5,600 in compensation. She won by default after no one from the company attended arbitration. CRL appealed in court, citing financial losses and restructuring as the reason her pay had been cut. The company, which employs 50,000 people, did not respond to requests for comment.

在2017年涉及CRL公司的案件中，一名客户服务经理表示，她在生完孩子后被降薪。在法庭文件中，她用了Y.W. Wu的名字，主张5600美元的赔偿。由于公司未派人参加仲裁，她在对方缺席状况下获胜。CRL公司在法庭上提起上诉，称经济损失和重组是她被降薪的原因。这家拥有5万名员工的公司未回复记者的置评请求。

restructuring /ˌriːˈstrʌk.tʃər.ɪŋ/ 表示“调整；改组；重建”，英文解释为“the act of organizing a company, business, or system in a new way to make it operate more effectively”举个🌰：The company underwent restructuring. 该公司进行了重组。

The three women won about $17,000 in total compensation. Huang Sha, their lawyer, said that such small payouts gave companies little incentive to obey the law.

这三名女性总共获得了约1.7万美元的赔偿。他们的律师黄沙表示，如此少的赔偿金几乎不会激励企业遵守法律。

payout /ˈpeɪ.aʊt/ 表示“大笔付款”，英文解释为“a large amount of money that is paid to someone”举个🌰：With this insurance policy there is a maximum payout of €2,500. 这份保单的最高赔付额为2500欧元。

表示“激励；刺激；鼓励”，英文解释为“something that encourages you to do sth”举个🌰：There is no incentive for people to save fuel. 没有使人们节约燃料的鼓励办法。

“Women’s rights should not just be propaganda,” he said.

“女性权利不能只是宣传，”他说。

propaganda /ˌprɑː.pəˈɡæn.də/ 表示“宣传；鼓吹”，英文解释为“information, ideas, opinions, or images, often only giving one part of an argument, that are broadcast, published, or in some other way spread with the intention of influencing people's opinions”

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