the problem of structural discrimination that was common in various
industries in the past, such as pregnancy prohibition clauses and single
female worker clauses that seriously hindered women’s right to work.
Employers should not decide whether to employ applicants or
determine the working conditions of their employees based on gender
characteristics that are unrelated to job performance or duties. Such
decisions result in discrimination against applicants or employees who do
not (or do) possess these gender characteristics. Only when employers
refrain from making such gender-based decisions will they be in
compliance with requirements of CEDAW, the Constitution of the
Republic of China (Taiwan), and the Gender Equality in Employment Act
to eliminate gender discrimination and promote substantive equality.
Dress codes may seem to be a minor issue, but it is a problem rooted
in harmful gender stereotypes and overlooked social prejudice. Genderspecific uniform regulations (which usually apply to women) are often
based on gender stereotypes and cause women to be sexualized and
objectified, damaging their dignity, and directly or indirectly hindering the
equal enjoyment of their rights and fundamental freedoms guaranteed by
CEDAW. Such actions further deepen social prejudice and discrimination,
and they have far-reaching influence. 71
As the aforementioned domestic and foreign dress code cases (e.g.,
the Alaska Airlines case in the U.S., restaurant and bar case in Canada,
cosmetic company case in Taiwan, and policewomen and female
firefighters case) have shown, gender-specific dress codes may result in the
exclusion of women and people with different gender identities from the
labor market or in disadvantages in the labor market.
No one should be forced to find another job, lose their seniority, or
give up their existing benefits in order to avoid discrimination. Nor should
they have to give up their basic rights before they can get or keep a job.
71
The Committee on the Elimination of Discrimination against Women (Apr. 23, 2024),
General Recommendation on Gender Stereotypes: Concept Note.
88