for improvements are mainly directed at female cabin crew. I have never heard of a male cabin crew being reported. This is because female cabin crew have more items to consider, such as skirt length, nails, hair, and makeup.” All these represent relatively adverse treatment towards female cabin crew. Thus, the dress codes clearly result in both direct and indirect adverse treatment towards female cabin crew. g) Does the differential treatment fall under the exceptions category? Is it related to the performance of duties? Considering the variety of job types that exist, there may be special circumstances in which employers have legitimate reasons for differential employee or applicant treatment that is not based on discrimination. This is known formally as “bona fide occupational qualifications.” That is, when the employment conditions are such that the gender of the job applicant or employee is essential for the job they are applying for or employed in, and it is a reasonable necessity for normal business operations (e.g., employing only women as female lingerie models), it does not constitute discrimination. This also corresponds to the provision in Article 7 of the Gender Equality in Employment Act: “However, if the nature of work only suitable to a specific gender, the abovementioned restriction shall not apply.” 45 However, as this constitutes an exception to the prohibition of discrimination, and given the practical difficulties for employees or applicants when it comes to presenting relevant evidence, Article 31 of the Gender Equality in Employment Act stipulates that “after employees or applicants make prima facie statements of the discriminatory treatment, the employers shall shoulder the burden to prove the non-sexual or non-sexual-orientation factor of 45 Article 3 of the Enforcement Rules for Act of Gender Equality in Employment states that “The nature of work only suitable to a specific gender referred to in Article 7 of the Act shall mean work that cannot be accomplished or cannot be possibly accomplished by applicants or employees of a specific gender.” 56

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