Summary
Several statutes prohibit discrimination and impose penalties on violators, including the Employment Service Act, the Middle-aged and Elderly Employment Promotion Act, the Gender Equality in Employment Act, and the People with Disabilities Rights Protection Act. The specific circumstances under which discrimination is prohibited vary among these statutes.
Most anti-discrimination statutes employ administrative control measures, imposing administrative penalties on violators. Only a few explicitly stipulate that when an individual violates anti-discrimination statutes, the victim of discrimination may file a claim for damages, such as Article 26 of the Gender Equality in Employment Act and Article 17 of the Middle-aged and Elderly Employment Promotion Act.
Extent of Protection
Pursuant to Paragraph 1, Article 5 of the Employment Service Act, employers are prohibited from discriminating against job seekers or current employees on the basis of race, class, language, ideology, religion, political affiliation, place of origin, place of birth, gender, sexual orientation, age, marital status, appearance, facial features, physical or mental disabilities, zodiac sign, blood type, or previous union membership status.
The scope of this provision applies not only to Taiwanese nationals but also extends to foreign workers who meet specific conditions, such as those who have obtained legal authorization or foreign workers who are married to our nationals and have been granted residency.
Protections Against Harassment
Pursuant to the Gender Equality in Employment Act, sexual harassment encompasses: (1) actions by any person during the performance of an employee’s duties; (2) an employer making sexual demands or engaging in sexually suggestive or gender-discriminatory language or conduct towards employees or job applicants. Depending on the number of employees, employers are subject to varying degrees of proactive obligations to prevent sexual harassment, such as implementing preventive measures, establishing complaint and disciplinary procedures, and publicly displaying these in the workplace. Furthermore, it is mandated that when an employer becomes aware of sexual harassment, they must undertake immediate and effective corrective and remedial actions, such as implementing appropriate isolation measures, referring for assistance, conducting relevant investigative procedures, or imposing disciplinary actions, among others.
Employer’s Obligation to Provide Reasonable Accommodations
Pursuant to the People with Disabilities Rights Protection Act and the Act to Implement the Convention on the Rights of Persons with Disabilities, employers are required to provide suitable working conditions and employment protection for individuals with disabilities. Furthermore, individuals with disabilities are entitled to request reasonable accommodation from employers regarding the workplace, equipment, and living facilities.
Remedies
If an employer engages in employment discrimination, the aggrieved parties may file a complaint or report to the local county or city government or the Labour Bureau. The employer found in violation may be subject to a fine ranging from NT$300,000 to NT$1,500,000. Should the employer impose adverse actions on the employee (such as dismissal or salary reduction) due to the report, such actions should be deemed invalid pursuant to Article 74 of the Labour Standards Act (LSA).
Additional Requirements
According to Paragraph 2, Article 38 of the People with Disabilities Rights Protection Act, any private business organization with at least 67 employees must employ individuals with disabilities who are capable of working. The number of employees with disabilities should be at least 1 percent of the total workforce, and no fewer than one (1) person.
