| In mainland China, sexual discrimination is ubiquitous in employment. Unreasonable rules, like “Only men recruited”, “If you are in this position, you will travel a lot on business, often work overtime and stay up late at night, which is not suitable for women.” etc. can be found everywhere, whether in private enterprise recruitment advertising, state-owned units, or the civil servant recruitments. As sexual discrimination in employment is quite serious in mainland China, we need pay special attention to it and take strong, effective actions. Mainland China has introduced a series of laws to protect women’s rights. However, practically, there still lacks specific implementation of the system of gender equality, the protection of employment, the specific regulation and relief mechanisms of sexual discrimination in employment. Taiwan gender equality protection system is relatively complete, which has set a good example for mainland China’s legal construction of anti-sexual discrimination in employment.This paper introduces and gives comments on Taiwan anti-sexual discrimination in employment from 5 aspects. Moreover, it puts forward specific suggestions on mainland China’s legal construction of anti-sex discrimination in employment.As the theoretical basis, the first chapter mainly gives you some definitions of equality, discrimination, gender discrimination, etc., and points out that sexual discrimination in employment is the unreasonable differential treatment that employers impose on employees based on the job nature or the so-called sex factor.Chapter 2 introduces the legislation background of anti-sexual discrimination in Taiwan, which points out that, the reason why gender equality becomes a legal item is that the international society attaches much importance to human rights, is that the economy develops and democratic movements rise in Taiwan. And it also talks about anti-sexual discrimination’s international law origin, constitution origin and law origin.Chapter 3 mainly presents you the relief mechanism of anti-sexual discrimination in Taiwan. Firstly, it focuses on sexual harassment in the workplace. Employers should take positive actions and establish an internal complaint system. Secondly, it talks about competent authorities, like the central labor department and local governments at all levels, responsibilities of specialized agency, such as the Employment Discrimination Committee, Gender Equity Committee, etc. and administrative appeal procedures. At last, it elaborates how to institute an administrative lawsuit and civil lawsuit in gender discrimination cases, and status quo of these two judicial relief systems.In chapter 4, it briefly discusses the legal system of anti-sexual discrimination in Taiwan. With its sound legislation system, Taiwan has specialized gender equality laws, in which it gradually change from “gender distinction” to “neutral gender”. What’s more, both the competent authority and professional organizations are performing their roles well and make efforts to build an equal and harmonious employment environment. However, it still can be improved in many aspects. There is no limit or no clear limit among definitions, like discrimination, gender discrimination and differential treatments, thus, actually, it’s difficult to apply these laws. As there is no uniform anti-discrimination legislation and prohibitive regulations are in consistent, it may cause resource wastes in legislation, judicial and administration.From chapter 5, we can know that we can learn a lot from Taiwan in developing the legal system of anti-sexual discrimination. It is necessary to promote neutral legislative regulations to define females’ responsibilities in parenting and family care, necessary for competent authorities to take effective actions to ensure that women have the equal employment opportunities and to provide administrative and judicial relief for women in employment. Also, we should make rules to prevent sexual harassment in workplace, establish internal relief systems. |
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