the Aviation Act or criteria of recruiting pilots by private aerospace companies.
○ Discrimination in Employment Based on Appearance
Mr. Jeong quit his job due to stress generated from forced weight loss and exercise by
his company's vice president who sent e-mails to large-sized employees, stating that "they
should resign when they fail to reach their weight loss goals." He filed a complaint alleging
that this was discrimination based on physical conditions including appearance, thus he
wishes rectification of such practice.
The accused denied the allegation stating that the details of the complaint were untrue.
However, based on e-mails sent through the company intranet and submitted by the
complainant, the Commission acknowledged the fact that the accused company demanded
weight loss for some employees and forced them to submit resignations if they failed to
achieve weight-loss goals. It deemed that such act of the accused company is beyond
diverse assistance for promoting the health of employees and bears no relevance with
measurement of work performance and that providing and the company's recommending
various programs aimed at promoting health in terms of health and welfare of employees
would be a way of its personnel management, but it is problematic that such measure has
reached the point of personal restriction.
Consequently, the Commission recommended to the CEO of the accused company to
establish and implement preventive measures and provide compensation for psychological
damage to the victim.
7) Discrimination Based on Education Background
Discrimination based on education refers to an act of offering differentiated treatment
depending on years of education or graduation or completion of particular educational
institutions or applying apparently unbiased standards that inadvertently result in
significantly unfavorable results to a person or a group of persons with particular
Chapter 4. Investigations and Remedies: Discriminatory Acts
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