Article 188, Paragraph 6 of the aforementioned regulations states that
“Cabin crew members shall wear a company uniform when on duty.”
According to the Civil Aviation Administration, “The purpose of uniforms
is to ensure that passengers can easily identify crew members and follow
their instructions during emergencies.”69
Thus, it is not inappropriate for airlines to require cabin crew to wear
uniforms. However, if further restrictions are imposed that require female
cabin crew to wear skirts, it must be proven that this requirement is based
on specific needs related to the nature of their duties and that there is a
necessity, legitimacy, and reasonableness for such. However, in light of the
fact that many European, U.S., and Asian airlines offer female cabin crew
the option of wearing trousers, it is difficult for the Taiwanese airline
representatives to justify the necessity of female cabin crew wearing skirts
while performing their duties.
When examining the dress codes under Articles 1, 5, and 11 of
CEDAW, particularly concerning potential absolute or relative
disadvantages (direct or indirect impacts) related to performance
evaluations and occupational health and safety risks, 70 the NHRC
concluded that these practices constitute gender discrimination against
female cabin crew. The differing dress code requirements for male and
female cabin crew imposed by the Taiwanese airlines do not fall under the
exceptions permitted by Article 4 of CEDAW (which allows for measures
aimed at accelerating de facto gender equality or protecting maternity).
Business image, customer preference, and social customs, the reasons
generally cited by airlines for their uniform requirements, do not qualify as
a defense of “bona fide occupational qualifications” and fail to refute the
inherent gender stereotypes and discrimination.
issued by the Ministry of Transportation and Communications.
As explained in Jiao-Hang (I) Letter No. 1128130087 dated November 29, 2023
issued by the Ministry of Transportation and Communications.
70 As discussed in Chapter V, Section 1, the disadvantages and impacts of the genderspecific dress codes include directly linking dress code compliance to performance
assessments, requiring female cabin crew to spend more tangible and intangible
costs to meet these specifications, and exposing them to higher risks of tripping,
physical exposure, sexual harassment, and flammability in the event of a fire.
69
86