Newsletter
Amendment of Regulations on Gender Equality
In response to the recent MeToo crisis in Taiwan, the Legislative Yuan passed an amendment to the Gender Equality Education Act on July 28th, and amendments to the Act of Gender Equality in Employment and the Sexual Harassment Prevention Act on July 31st, which were announced by the President on August 16th this year. Some of the provisions of the amendments will be implemented from March 8 th, 2024. The main points of these amendments are as follows:
I. Scope of Application of the Three Acts
1. Act of Gender Equality in Employment
Incidents of sexual harassment in the workplace are governed by the Act of Gender Equality in Employment, except for incidents of sexual harassment on campus, which are handled in accordance with the Gender Equality Education Act.
2. Sexual Harassment Prevention Act
The handling and prevention of sexual harassment are governed by the Sexual Harassment Prevention Act. However, if the Act of Gender Equality in Employment and the Gender Equality Education Act provide the handling and prevention of sexual harassment depending on the place where it occurs and the identity of the person involved, the provisions of those laws shall apply.
3. Gender Equality Education Act
Sexual harassment on campus is governed by the Gender Equality Education Act. If the status of the parties involved does not fall within the scope of application of the Gender Equality Education Act, then the Act of Gender Equality in Employment or the Sexual Harassment Prevention Act will be applied, depending on the circumstances of the case.
II. Main Amendments to Act of Gender Equality in Employment
1. Adding the Definitions of "Power-Abused Sexual Harassment" and "Person in Charge" and Expanding the Scope of Application
① This amendment adds the definitions of "power-abused sexual harassment" and "person in charge". The amendment also stipulates that the court may award punitive damages ranging from one to three times the amount of damages in the cases related to power-abused sexual harassment. If the offender is the person in charge, the punitive damages can be increased to three to five times.
② If an employee is subjected to sexual harassment during "non-working hours" by the same offender in a business unit or by the same offender in a different business unit with a business relationship, or by the person in charge of the business, or by the employer, then the provisions of the Act of Gender Equality in Employment shall also be applied.
2. Strengthening the External Grievance and Supervising Mechanism
If the offender of sexual harassment is the person in charge or the employer, or if the victim does not agree with the investigation result made by the employer, the victim may file a grievance with the local competent authority. In addition, the employer is required to notify the competent authority of both the grievance received and the investigation result.
3. Strengthening Employers' Awareness and Responsibility for the Prevention of Sexual Harassment
① Specifying the Immediate and Effective Remedial Measures that should be Taken by the Employers
This amendment distinguishes between situations where employers know of sexual harassment "as a result of receiving a grievance" or "not as a result of receiving a grievance," and provides "effective remedial measures" for each situation. Employers who fail to take necessary action within the designated time will be subject to a fine of NTD$20,000 to NTD$1,000,000.
② Obligation of Cooperating with the Investigation
When the local competent authority conducts an investigation in accordance with the provisions of the Act of Gender Equality in Employment, the respondent, the complainant, and the individual or organization invited to assist in the investigation shall cooperate with the investigation and provide relevant information, and they shall not evade, obstruct or refuse to do so. Refuse to the investigation will result in a fine of NTD$10,000 to NTD$50,000.
③ Obligation of Setting Up Grievance Hotline
This amendment imposes an obligation on employers with 10 to 29 employees to set up a grievance hotline for handling sexual harassment grievances and publicly disclose the information. The employers who violate this obligation will be subject to a fine of NTD$10,000 to NTD$100,000 if they fail to make improvements by the deadline.
III. Main Amendments to Sexual Harassment Prevention Act
1. Adding the Definition of "Power-Abused Sexual Harassment"
This amendment adds the definition of "power-abused sexual harassment". It refers to the use of power or opportunity to sexually harass a person who is under one's supervision or care for the purpose of education, training, medical treatment, public service, business, employment or other similar relationships.
2. Strengthening the Obligation for the Prevention of Sexual Harassment
This amendment requires the organizations or employers to take preventive measures in public places and places accessible to the public. This amendment provides effective remedial measures that should be taken by the proprietors of the organizations. Violators are subject to a fine of NTD$20,000 to NTD$200,000.
3. Adding a Chapter on Victim Protection
The amendment stipulates that anyone who knows information to identify the victim in the course of his or her jobs or business should keep the information strictly confidential. Violators are subject to a maximum fine of up to NTD$600,000.
4. Setting a time limit for filing a grievance
This amendment sets a different time limit for filing a grievance according to general harassment or power-abused sexual harassment.
5. Severe Punishment to Power-Abused Sexual Harassment
The offender using power or opportunity to sexually harass a person will be subject to a maximum fine of up to NTD$600,000. In terms of criminal liability, the penalty can be increased to one-half.
IV. Main Amendments to Gender Equality Education Act
1. Expanding the Scope of Application
This amendment includes the violation of professional ethical behavior related to sex or gender by principals or teachers or staff members in the scope of the Gender Equality Education Act.
2. Strengthening Investigation Process
① If the offender is or has been the principal of the school, then the victim should apply to the school's competent authority for an investigation.
② If the offender is a principal, teacher or staff member, then an investigation team should be established and all of its members should be external.
③ If a school principal is involved in a gender incident on campus and the incident is deemed to be serious that adjustment or suspension of his/her duties during the investigation period is necessary, then he/she may have their duties adjusted or be suspended.
3. Adding Punitive Damages Provisions
If the offender is a staff member, the court may award punitive damages ranging from one to three times the amount of damages. If the offender is a school principal, the court may award punitive damages ranging from three to five times the amount of damages.
We have set up a professional working group to provide consultation and services on various gender equality issues. If you have any questions, please feel free to contact our office at any time.