particular persons without reasonable cause on the grounds that the person is or has been pregnant or delivered or is expected to deliever a baby in all aspects of social activities including employment. The National Human Rights Commission Act distinguishes ‘pregnancy or delivery’ from ‘gender’ as reasons for discrimination, which means it bans unreasonable discrimination not just between women and men, but also between women who have been pregnant or delivered and those who have not. □ Discrimination for Taking Pre-natal and Maternity Leaves in Incentive Payment A complainant filed a complaint to the Commission alleging that a teacher (victim) of XX Elementary School received the lowest grade of teacher incentive payment criteria in 2010, solely because she exceeded the number of vacation days, which was 95 days including 90 days of maternity leave. The complaint claimed it is a discrimination against women that the school administration regards pre-natal and maternity leave and breastfeeding hours as vacation days and reflect them in calculation of incentive payment. The XX Elementary School had implemented a policy to assign 16% of weight to number of vacation days out of 70 total points for incentive payment criteria. 1 point was added for teachers who took less than 1 week of vacation, and points were deducted (0.5 for 1~2 weeks, 1 for 2~3 weeks, etc.) for longer vacations. 5.5 were the maximum points that could be deducted for vacation days exceeding 11~12 weeks, and vacation days longer than 3 months automatically received the lowest incentive payment grade. When questioned, the school argued that they were acting on a policy guideline issued by the Ministry of Education and Science Technology and Office of Education of XX Province to reflect vacation days in calculation of incentive payment. School insisted that 90% of teachers consented to the decision at meeting, and it was a consensus of most teachers that number of vacation days should be reflected to incentive payment when they adversely affect school administration even though they recognize the right to maternity leave and breastfeeding hours. Meanwhile, the Office of Education with jurisdiction of the school expressed that they Chapter 4. Investigations and Remedies: Discriminatory Acts 113