美国反歧视法的发展历史,发轫于长久以来的反种族歧视斗争,随后才扩展至其他领域。20世纪70年代以来,性别就业歧视问题逐渐被析出,成为反就业歧视的重要领域。1964年民权法案第七章是当前雇员遭受私人雇主就业歧视后寻求救济的最重要联邦立法依据。法案虽然规定禁止性别就业歧视,但未明确其中的“性别”含义为何。实践中,联邦法院建构出区别对待规则与区别影响规则,前者禁止雇主基于雇员的性别而拒 The history of the development of the anti-discrimination law in the United States is based on the long-standing struggle against racial discrimination before it extends to other fields. Since the 1970s, the problem of discrimination in employment of sex has gradually been precipitated and has become an important field of anti-employment discrimination. Chapter VII of the Civil Rights Act of 1964 is the most important federal legislative basis for current employees seeking relief after being exposed to employment discrimination by private employers. Although the law prohibits discrimination in employment, it is not clear what the “gender” means. In practice, the federal court constructs discriminatory and discriminatory rules, the former prohibiting employers to refuse sex on the basis of their employees