A Study on Theory and Practice of Employment Discrimination in Taiwan- Focus on "Gender" and “Former Union Membership"

• Main Authors: Fan Chiang,Chien-Yuan, 范姜建原
• Other Authors: HUANG TingYio
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/6h5hx4

碩士 === 開南大學 === 法律學系 === 104 === 　　People will form opinions (stereotypes) towards occupations according to their social experiences. If the certain opinion (stereotype) is formed based on facts unrelated or irrelevant to the occupation in question, it should be viewed as employment discrimination. 　　This article(book) advocates that every person has subjective opinions towards occupations, though only when the employer's actions meet the objective elements regulated by the Employment Discrimination Law can it be deemed as unlawful. According to the Article 5 in the Employment Service Act of our country, employers should abide by the listed causes and not be discriminative towards job-hunters and employees. But discrimination is an "Indefinite Law Concept", and we need large amounts of court judgments and rulings to prove an employer's actions discriminatory. 　　This article(book) gathers and discusses court judgments and rulings concerning employment discrimination, and hopes to not only show the readers that Article 5 of the Employment Service Act is incomplete, but also to provide law-makers future suggestions for modifying the law.