situations, followed by abstract and general phrases to summarize
the rest. The regulated scenarios include the recruitment, screen
testing, hiring, placement, and assignment of applicants and
employees before entering the workplace as well as their
performance evaluations and promotion once they have been hired.
If employers’ management measures or work rules involve gender
discrimination, they also fall within the prohibited scope of this
article. Dress code regulations such as uniforms, shoes, stockings,
makeup, and hair regulations are all part of the employers’
management measures or work rules.
d) Accordingly, this case was reviewed using Article 7 of the Gender
Equality in Employment Act: First, do the dress codes vary
according to gender? A comparison of the previously described
dress codes for uniforms, shoes, stockings, makeup, and hair
reveals differences between the dress codes for male and female
cabin crew, confirming the presence of gender differences.
e) Next, do these differences constitute differential treatment?
Article 2 of the Enforcement Rules for the Act of Gender Equality
in Employment states: “Discriminatory treatment referred to in
Articles 7-11, 31 and 35 of the Act shall mean that employers
directly or indirectly treat employees or applicants adversely
because of their gender or sexual orientation.”
If employers directly use gender as a condition for hiring,
placing, assigning, or promoting employees, it constitutes direct
adverse treatment (or “direct discrimination”). If employers
indirectly use gender as a condition for hiring employees (i.e., via
seemingly neutral regulations, measures, standards, or procedures)
and the conditions are confirmed to have a negative effect on
different interpretation, items included under ‘etc.’ must be considered to have the
same significance as the listed items for the regulations to apply.... In principle, ‘etc.’
should be interpreted as ‘other similar matters.’” See: Y.P., Zheng (1982). “The
Word ‘Etc.’ and Enumerative Provisions.” Studies in Civil and Commercial Law
Issues (Vol. III) (Taipei: Sanmin), p. 350.
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