adverse treatment for not meeting clothing and appearance requirements or
described the specific nature of such adverse treatment. In its Final
Decision Report of the Ministry of Labor Gender Equality in Employment
Committee, the Committee upheld the original disposition, arguing that the
final decision made by the Taoyuan City Government is difficult to dispute.
However, since company employees have formed an opinion about
wearing skirt uniforms, the Committee advised the employer to effectively
communicate with employees to address this issue in order to conform to
CEDAW practices. 19
The Ministry of Labor further explained that the definition of
“discriminatory treatment” provided in the Enforcement Rules for the Act
of Gender Equality in Employment includes both direct and indirect
adverse treatment. When employees or job applicants allege discriminatory
treatment in labor conditions or management measures due to gender, the
employer shall make a statement on the discriminatory treatment and
shoulder the burden of proof. When employees make a statement on the
facts of being discriminated against due to their gender, the competent
authority will launch an investigation. If the employer is unable to disprove
discriminatory treatment, the local competent authority is likely to
determine that discriminatory treatment has occurred. Any determination
and resultant handling of discrimination shall be based on the facts of the
case. Additionally, the term “gender identity” falls within the scope of
“gender and sexual orientation” as mentioned in the Gender Equality in
Employment Act.20
The Ministry of Labor’s opinion on this case is summarized as follows.
Eva Airways’ dress code requires cabin crew to wear an appropriate
amount of makeup and maintain proper posture when on duty to
demonstrate common courtesy and befitting conduct. The code does not
expressly stipulate that women must wear makeup and that men are not
required to wear makeup. The Gender Equality in Employment Act applies
to all sectors and industries. Many sectors require employees to wear
19
Final Decision Report of Ministry of Labor Gender Equality in Employment
Committee, May 6, 2024 (Lao-Dong-Tiao-Zi No. 1130148098).
20
The Commission’s meeting minutes with the advisory body on May 30, 2024.
30