employer has violated the provisions of Articles 7 to 11, Paragraph 2 of
Article 13, Article 21, or Article 36, they may file a complaint with the
local competent authority.”
b. Agencies’ failure to determine discrimination based on
CEDAW’s definition of discrimination
The Taoyuan City Government and Ministry of Labor ruled that EVA
Air’s uniform, high heel, makeup, and self-purchased shoe allowance
regulations do not constitute gender discrimination. Regarding makeup, the
Taoyuan City Government Gender Equality Committee accepted EVA
Air’s explanations that it provided makeup tutorials for both its male and
female cabin crew, and cited Article 13 of its “Cabin Crew Management
Regulations,” which states: “Cabin crew must wear appropriate makeup
when on duty.” EVA Air stressed that it did not specifically require only
women to wear makeup, demonstrating the absence of gender-based
differential treatment. The approval letter of the Gender Equality
Committee, Ministry of Labor also supported the latter explanation.
However, according to the NHRC’s interview with the complainant,
EVA Air previously employed only female cabin crew, so the term “cabin
crew” in the “Cabin Crew Management Regulations” clearly refers to
female cabin crew. It was only in recent years that EVA Air began
recruiting male cabin crew, resulting in the addition of specific “male cabin
crew” provisions, as can be seen when comparing Articles 14 and 15 of the
management regulations.
Regarding dresses, the approval letter indicated that EVA Air did not
discriminate based on gender. However, whether an action is judged as
discriminatory against women should be based on its adverse impact on
women, without the need to prove discriminatory intent. In fact, any
requirement to prove discriminatory intent should be avoided because
people who embrace stereotypes may engage in discriminatory behavior
without “realizing that they embrace stereotypes, resulting in a reaction of
anger, shock, or confusion when they are accused of gender
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