Taiwan
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
- The Employment Services Act,
- The Gender Equality in Employment Act, and
- The Sexual Harassment Prevention Act.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Taiwan.
- Race
- Class
- Language
- Thought
- Religion
- Political affiliation
- Place of origin or birth
- Gender
- Sexual orientation
- Age
- Marital status
- Appearance
- Facial features
- Disability
- Horoscope (zodiac sign)
- Blood type
- Past or present membership of any labour union.
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual Harassment
Sexual harassment is defined as:
- Unwanted conduct of a sexual or gender-related nature which impairs another person’s dignity and personality, or creates a situation that causes another person to feel scared, hostile or offensive, or improperly affects another person’s work, education, training, services, plans, activities or routine life, or
- Unwanted conduct of a sexual or gender-related nature which affects a person’s interest and right related to learning, work, training, service, plan and activity on condition that the person obeys or reject the behavior.
Filing a Claim in Taiwan
A complaint related to employment discrimination or harassment may be filed with local, city or county agencies (the Bureau of Labor or Bureau of Social Affairs).
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In Taiwan, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.