并不是所有的区别对待都构成法律上的歧视,只有法律设立的保护群体直接或者间接地遭受反歧视法明确禁止的歧视事由侵害时,才构成违法的就业歧视。我国学界主流观点认为我国现有反就业歧视法律设定的保护群体范围过窄、禁止的歧视事由太少。但反歧视法保护群体范围并非越宽越好。美国作为最早通过立法手段规制就业歧视的国家,建立了较为完善的反就业歧视法律机制。涉及保护群体的立法和实践体现了美国反就业歧视法对就业歧视进行有限干预、并在雇主的用人自主权和劳动者平等就业权之间形成权利平衡的思想,对我国相关制度的构建和完善具有启示意义。 Not all discriminations constitute legal discrimination. Only when the protection groups established by law are infringed directly or indirectly by the discriminatory acts expressly prohibited by the anti-discrimination law constitute illegal employment discrimination. The mainstream view of academia in our country holds that the scope of protection groups set by the existing anti-employment discrimination laws in our country is too narrow, and there are too few prohibited discrimination points. However, the scope of the anti-discrimination law to protect groups is not as wide as possible. As the first country in the world to regulate employment discrimination through legislative means, the United States has established a relatively complete anti-employment discrimination legal mechanism. Legislation and practice involving the protection of groups reflect the United States anti-employment discrimination law limited intervention in employment discrimination, and the balance of power between the employers' employer autonomy and equal employment rights of workers, the establishment and improvement of the relevant system in our country Inspirational significance.