If you are refused hire, denied conversion to regular status, or paid less because of disability, you can sue — but first count the process cost

The law forbids discriminating against persons with disabilities in hiring, conversion to regular status, promotion, professional titles, pay, and social insurance. You can complain to the competent department, or sue in court. Winning the case does not make the other side pay your lawyer fees. So complain first, apply for legal aid at the same time, then consider a lawsuit.

Cost

Lawyer fees from several thousand to tens of thousands of yuan, paid by you. Ordinary first-instance procedure from 6 months, extendable. You keep the evidence.

Benefit

Article 3 of the Law on the Protection of Persons with Disabilities (残疾人保障法): “Discrimination based on disability is prohibited. Insulting or infringing persons with disabilities is prohibited.” Article 38: “In hiring, conversion to regular status, promotion, professional-title evaluation, labour remuneration, living welfare, rest and leave, social insurance, and similar matters, persons with disabilities must not be discriminated against.” The same article states that the workplace of a disabled employee shall, by the employee’s characteristics, provide suitable labour conditions and labour protection, and modify workplaces, equipment, and living facilities as actually needed. Article 64: “Anyone who, in violation of this Law, discriminates against persons with disabilities in hiring and similar matters shall be ordered by the competent department to correct; disabled workers may bring a lawsuit in a people’s court by law.” Article 4 of the Regulations on Employment of Persons with Disabilities (残疾人就业条例): “Discrimination against persons with disabilities in employment is prohibited.” Article 13: employing units must not discriminate against disabled employees in promotion in post or grade, professional-title evaluation, pay, social insurance, living welfare, and similar matters. Article 42 of the Legal Aid Law (法律援助法) states that if the applicant has materials showing membership in “specific groups such as minors, older persons, or persons with disabilities with no fixed livelihood,” verification of financial difficulty is waived. Article 45: when legal-aid institutions provide legal-aid services to older persons or persons with disabilities, they shall provide barrier-free facilities, equipment, and services by the actual situation (nationwide)

Notes

Process cost must be counted first. Ordinary first-instance procedure from 6 months, extendable; summary procedure 3 months. Lawyer fees are not among the litigation costs listed in Article 6 of the Measures for Payment of Litigation Costs (诉讼费用交纳办法); Article 29’s “borne by the losing party” does not cover them. So take two low-cost paths first: complain to human resources and social security or the Disabled Persons’ Federation (残联), for an order to correct; and apply for legal aid — Article 42 waives financial-difficulty checks for persons with disabilities. Evidence is the hardest gate. When an interview refusal happens, written reasons are rare; keep recordings and chat logs when you can. Once employed, labour disputes go to arbitration; evidence and time limits are in Section 19, item 8 (keep evidence before leaving). The beneficiary is you.

Sources · 3

1. 中华人民共和国残疾人保障法（第三条、第三十八条、第六十四条）. flk.npc.gov.cn/detail?id=ff8080816f135f46016f…
2. 国务院 (2007). 残疾人就业条例（第四条、第十三条）. gov.cn/zhengce/zhengceku/2008-03/28/content_6…
3. 中华人民共和国法律援助法（第四十二条、第四十五条）. flk.npc.gov.cn/detail?id=ff8081817b6472a3017b…