China's legislation for anti-employment discrimination is under an "integration model": it does not distinguish between the public and private nature of employers, nor does it make a distinction between the size of private employers, and the equal employment right of workers is theoretically regarded as the embodiment of the constitutional right of equality under labor relations, Jiang Feng wrote in the 3rd issue 2023 of Academic Forum. On the one hand, the integration model and the excuse of equality right inhibit the legitimacy of the interests of private employers and small & micro employers, easily leading to expansion of employment discrimination factors, and equating actual employment barriers with "employment discrimination". On the other hand, it overlooks the constitutional responsibility of the government in anti-employment discrimination. Therefore, at the theoretical level, anti-employment discrimination of China requires a re-understanding of the scope of application of the constitutional right of equality, and at the legislation level, the "differentiation model" should be used for reference to set up different anti-discrimination responsibilities based on employers’ public or private nature and their size.