Examining the Constitutionality of Employment Discriminations Against the Ex-Offenders: An Equal Protection Argument

• Main Authors: SZ-YI LI, 李思儀
• Other Authors: 黃昭元
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/63547884606846052963

碩士 === 國立臺灣大學 === 法律學研究所 === 95 === This thesis examines the constitutionality of employment discriminations against the ex-offenders from the perspective of equal protection. Based on the three-tier standards of review as developed by the U.S. Supreme Court, this thesis argues that the classification on the criminal records should be considered a quasi-suspicious classification and be subject to the intermediate scrutiny by the courts. Accordingly, both the reasoning and judgment of the Judicial Yuan Interpretation No. 584 is flawed. In conclusion, the thesis proposes to revise many of the current legal restrictions and accord those ex-offenders with the equal protection of their employment freedom.