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

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