| Summary: | 碩士 === 國立政治大學 === 勞工研究所 === 107 === When female workers suffer discrimination, the main access to legal remedy is via Act of Gender Equality in Employment. However, Act of Gender Equality in Employment is only applicable when employers practice discrimination against employees on the ground of gender in the case of retirement, discharge, severance and termination, but not applicable in the course of recruitment, screening test, hiring, placement, assignment, evaluation, promotion, paying wages, holding or providing education, training and various welfare measures. Hence, this research explores effects of different forms of discrimination by gender that female workers suffer at workplace in the course of aforementioned situations and the possible access to legal remedy.
Before discussing the effects of discrimination and possible remedy, this research distinguishes and clarifies the various forms of discrimination. By analyzing relevant interpretations, this research argues that in addition to direct and indirect discrimination, mixed motive discrimination also ought to be prohibited, while differential treatments based on nondiscriminatory motivation should be permitted.
In terms of the effects of discrimination, this research contends that discriminatory judgment and evaluation against female workers on the ground of gender should be null and void in the course of recruitment, screening test, hiring, placement, assignment, evaluation, promotion, paying wages, holding or providing education, training and various welfare measures. The basis is Article 72 of the Civil Code, which states that any juridical act against public policy or morals is void.
Finally, regarding the legal remedy accessible for female workers, this research argues that Article 26 of Act of Gender Equality in Employment should be deemed a special law against torts, so the workers suffering discrimination should resort to Article 26 of Act of Gender Equality in Employment or to Article 184 of the Civil Code. Meanwhile, in addition to compensation for property or non-property losses, the legislation regarding punitive damages in the US is also worthwhile for our country to consult.
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