Party to CEDAW
1)
The government has taken measures to eliminate both direct
and indirect discrimination against women, as well as to
address gender stereotypes and biases.
a. Complainant’s main arguments
The current Gender Equality in Employment Act does not address
collective gender discrimination or inequality. A complaint filed by the
Taoyuan Flight Attendants Union involving the impact of menstrual leave
on performance evaluations was rejected by the Taoyuan City Government
for this reason. The city government requested that a representative be
chosen to file the complaint. However, this would place enormous pressure
on the representative, who would be required to individually handle the
collective dispute.
b. Main arguments by government entities 26
a) Taoyuan City Government
For labor-management disputes over rights and changes in which a
union is involved, the union can act as the complainant. However, the
Gender Equality in Employment Act requires the presentation of specific,
concrete evidence related to a rights infringement, and such complaints
have never been filed before. Nevertheless, if a union believes that
violations have been committed, they may act as the complainant.
b) Ministry of Labor
The law states that during the recruitment process, employers may not
discriminate against job applicants or employees due to their gender or
sexual orientation. This requires any complaints filed to contain specific
facts of legal violations. Upon receiving a complaint, local governments
must conduct interviews and investigate the alleged violations that have
been committed. Because the union is not party to the case, it will not be
able present the facts of the case; only the complainant can do so. Thus, it
is still necessary to have individual complainants.
26
The Commission’s meeting minutes with the advisory body on May 30, 2024.
40