their performance evaluations, that no female cabin crew had
expressed the need to wear trousers in past discussions, that dress
codes were in place for both male and female cabin crew, and that
there were no rules prohibiting male cabin crew from wearing
makeup.
The Taiwanese airlines consistently claimed that their
differential treatment of cabin crew is not based on gender, but
they did not clarify whether the differential treatment fell under
the exceptions category (i.e., the so-called “bona fide occupational
qualifications”).
c. Differential treatment in terms of welfare measures
Uniform and footwear requirements may also constitute
differential treatment in terms of welfare measures. Article 9 of the
Gender Equality in Employment Act stipulates that “Employers shall
not discriminate against employees because of their gender or sexual
orientation in the case of holding or providing various welfare
measures.” The Ministry of Labor has previously provided an
explanation regarding uniform costs. The administrative letter stated
that “Uniforms are required by employers to run their businesses, and
employees are compelled to wear them at workplaces or when
providing service for reasons of workplace safety or labor discipline.
The costs should be included as a part of the labor costs or employee
benefits.”46 Therefore, the uniforms and the purchase allowances for
shoes and stockings provided by some of the airlines are considered
employee welfare items and should not be subject to gender-based
differential treatment.
a) The requirements for cabin crew’s uniforms—trousers for males
and skirts for females—indeed create a differentiation based on
gender stereotypes, and are both an adverse cause and consequence
of gender stereotyping. They reinforce gender stereotypes and
46
The Council of Labor Affairs, Executive Yuan Tai-Lao-Zi-Er-Zi letter No. 0043550
released on October 16, 2000.
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