If you’re denied a job, denied promotion, or paid less because of a disability, you can sue — but first calculate the associated costs.

20. If you’re denied a job, denied promotion, or paid less because of a disability, you can sue — but first calculate the associated costs.

Cost: Legal fees range from several thousand to tens of thousands of yuan, all paid by you. A standard first-instance trial takes at least six months and can be extended. You must also gather and preserve all relevant evidence on your own.

In plain terms: The law prohibits discrimination against people with disabilities in hiring, promotion, salary, social insurance, and related areas. You may file a complaint with the relevant authorities or go directly to court. However, winning the case does not automatically mean the other party will pay your legal fees — those are not covered under standard court costs. Therefore, it’s wise to first file a complaint, apply for legal aid, and then consider litigation.

Benefit: Article 3 of the Law on the Protection of Persons with Disabilities states: “Discrimination based on disability is prohibited. Insults and infringements against persons with disabilities are forbidden.” Article 38 adds: “Employers must not discriminate against employees with disabilities in hiring, promotion, professional qualification assessment, remuneration, social insurance, welfare, rest periods, or other aspects. Employers must also provide suitable working conditions and necessary accommodations.” Article 64 further specifies that violations can be corrected by authorities, and affected individuals may file lawsuits. The Regulations on Employment of Persons with Disabilities likewise forbid such discrimination. Under the Legal Aid Law, persons with disabilities are exempt from proving financial hardship when applying for legal assistance.

Evidence grade: A

Sources: Law of the People's Republic of China on the Protection of Disabled Persons (Article 3, Article 38, Article 64). <https://flk.npc.gov.cn/detail?id=ff8080816f135f46016f1d134c88132b>; State Council of China (2007). Regulations on the Employment of Disabled Persons (Article 4, Article 13). <https://www.gov.cn/zhengce/zhengceku/2008-03/28/content_6646.htm>; Legal Aid Law of the People's Republic of China (Article 42, Article 45). <https://flk.npc.gov.cn/detail?id=ff8081817b6472a3017b6577820f0061>

Notes: Always calculate the costs first. A standard trial lasts at least six months; a simplified procedure takes three months. Legal fees are not included in court costs, so filing a complaint with labor authorities or the disability rights association — and applying for legal aid — are far less expensive options. Gathering evidence is often the toughest part; few employers provide written reasons for rejections, so recordings or chat logs are invaluable. For current employees, labor arbitration applies; details on evidence preservation and deadlines are covered in Section 19, Item 8. This guidance is meant solely for your protection.