In May 2023, sparked by the classic line from the drama “Wave Makers,” “We don’t want to just let it go like this,” Taiwan’s #MeToo movement surged. Drawing from the experiences of victims, shortcomings in the “Three Gender Equality Laws” were evident, especially the lack of a formal “Sexual Harassment Victim Support System” in the workplace, leading to difficulties in seeking help. According to a 2022 survey by the Ministry of Labor, over seventy percent of “workplace sexual harassment” were unreported. Despite years of advocacy by civil society organizations such as the Garden of Hope Foundation, after the #MeToo movement, the government finally began amending the “Three Gender Equality Laws.” The amendments were passed on July 2023 and fully implemented on March 8, 2024.
But what exactly did the complex “Three Gender Equality Laws” amend? How does it relate to our daily lives and workplaces? Let the Garden of Hope Foundation take you on an exploration.
1. Harsher Penalties for People In Positions of Power Who Commit Sexual Harassment
The most notable aspect of the amendment to the Three Gender Equality Laws is the addition of “power sexual harassment” and the overall increase of penalties, including criminal penalties and fines for employers and heads of authorities who engage in sexual harassment. Victims can now request punitive damages up to five times the general compensation.
2. Adjustment of Time Limitations for Sexual Harassment Complaints
Although adjustments have been made to the “Time Limitations for Sexual Harassment Complaints,” it has become more complex. Everyone should be cautious to avoid jeopardizing their rights!
On the other hand, even though the Time limit for appeal ranges from 2 to 7 years, in reality, it’s harder to collect the evidence as time goes on, so we recommend you collect all the evidence you can before you file for the appeal!
3. Increased Responsibility for Employers and Premises Owners in Preventing Sexual Harassment
1. According to the Gender Equality in Employment Act, Employers are now required to take proactive measures to prevent and address sexual harassment incidents, not just initiating investigations when complaints arise. Premises owners are also tasked with a more active role in assisting to maintain a safe environment and prevent harassment incidents.
As long as the employer is aware of sexual harassment in the workplace, the following immediate and effective measures should be taken; if the victim and the perpetrator belong to a different department, then the perpetrator’s employer should also take action.
2. The Sexual Harassment Prevention Act previously regulated the responsibility of “place owners,” but after the amendment, it assigned a more proactive role to place owners in safeguarding the security of the premises and preventing sexual harassment.
4. Extension of the Scope of Workplace Sexual Harassment Coverage
In the past, it was commonly understood that instances of sexual harassment during working hours or while performing job duties naturally fell under the Gender Equality in Employment Act. However, after the amendment, the primary determinant is no longer whether the harassment occurs “during work.” Instead, as long as the perpetrator and the victim belong to the same business unit (such as the same company) or different business units but have collaborative or business relations, any instance of ongoing sexual harassment can be subject to complaint.
For example, if after work hours, Mary experiences harassment from a client, even though she wasn’t performing her duties at the time because this harassment stems from work-related interactions and continues beyond work hours, it would still be covered under the Gender Equality in Employment Act.
Gender Equality in Employment Act
Article 12:
The provisions of the Act shall apply under any of the following circumstances:
1. An employee experiences persistent sexual harassment from the same individual within their employing entity during non-working hours.
2. An employee experiences persistent sexual harassment during non-working hours from the same individual within a different employing entity with which they share collaborative work or business relations.
3. An employee experiences sexual harassment during non-working hours from the highest-ranking official or employer.
5. Provisions for Suspension or Adjustment of Duties in Cases of Workplace Sexual Harassment
During the investigation of workplace sexual harassment complaints, employers are required to take corrective and remedial measures, including suspending or adjusting the duties of both the complainant and the accused to prevent further harassment.
Provision regarding unpaid leave or job adjustment under the Gender Equality in Employment Act
Gender Equality in Employment Act
Article 13-1
When the accused party of sexual harassment holds a position of authority, and the circumstances are severe, and it is necessary to temporarily suspend or adjust the duties of the accused party during the investigation, the employer may temporarily suspend or adjust the duties of the accused party. If, after the investigation, it is determined that the accusation was not sexual harassment, the salary for the period of suspension shall be retroactively paid.
In cases where, following an investigation by the employer or the local competent authority, the incident is determined to be sexual harassment and the circumstances are severe, the employer may terminate the employment contract without prior notice within thirty days from the date they become aware of the investigation results.Article 32-2
When the person accused of sexual harassment is the highest-ranking official or the employer, during the investigation by the local competent authority, the complainant may apply to the employer for an adjustment of job duties or work arrangements til thirty days after the investigation results are delivered to the employer. The employer shall not refuse the request.
6. If dissatisfied with the outcome of a workplace sexual harassment complaint, the competent authority shall intervene to assist.
If dissatisfaction arises regarding the outcome of workplace sexual harassment investigations, the accused can appeal to the regulatory agencies, ensuring fairness and impartiality.
If the accused person is in the “highest position” or the “employer,” to avoid conflicts of interest, individuals can also directly file complaints with the supervisory authority rather than relying on internal channels.
7. Prohibition of Romantic Relationships between Minors and Educators
To protect the rights of minors, the Gender Equity Education Act explicitly prohibits romantic relationships between minors and educators to uphold professional ethics.
Article 3
iv) Sex- or gender-related behavior by a principal or faculty member that violates professional ethical standards: cases where a principal or faculty member develops an intimate relationship with an underage student, or exploits an unequal power relationship in the course of teaching, providing guidance to, training, evaluating, managing, or counseling a student, or providing a work opportunity to a student, to develop a relationship that violates professional ethical standards in the context of sex- or gender-related interpersonal interactions.Article 26
Once a gender-related incident on campus has been investigated and established as having actually occurred by the school or competent authority in accordance with the pertinent laws or regulations, the school or competent authority shall itself impose a formal reprimand, demerit, dismissal, suspension, non-renewal of contract, discharge from employment, termination of a contractual relationship, termination of a service relationship, or some other appropriate penalty on the offender, or transfer him or her to another authorized agency with the jurisdiction to do so.
8. External Appointment of Investigation Committees in Cases of Sexual Harassment Involving Teachers or Staff and Students
To safeguard student rights, all members of investigation committees are externally appointed in cases where the accused are teachers or staff members, eliminating potential conflicts of interest.
Article 33
However, if the offender is a principal, teacher, staff member, or worker, an investigation team shall be established, and all of its members shall be external appointees. The investigation teams in which all appointed members are from outside the educational institution or competent authority and the completed investigation reports that occurred before the amendments to this Act takes effect on December 30, 2018, were legal.
9. Establishment of a Gender Equality Talent Pool
Although the law mandates victim services, resource allocation remains a concern and requires continuous monitoring and improvement. Currently, the Ministry of Health and Welfare, the Ministry of Labor, and various county and city labor bureaus actively invite professionals with relevant expertise to undergo training, and their names will be added to the talent pool for units in need of investigating committee members for sexual harassment cases.
Although the intention is noble, currently, only 16 to 24 hours of training are provided. It remains uncertain whether participants can acquire all the necessary skills within this timeframe and not just “know” but also “internalize” them as part of their ideology, demonstrating gender sensitivity and trauma awareness in their every action and decision. Frankly speaking, this is not easy.
Therefore, the Garden of Hope Foundation suggests that the talent pool should establish specific norms and thresholds, regularly review the qualifications of professionals, and establish mechanisms to replace those who are not suitable. Only then can the true purpose of establishing the talent pool be fully realized and implemented.
10. When will the resources for providing services to victims truly be in place?
Sexual harassment victims may not always exhibit visible physical scars, but internally, they often endure immense stress and trauma, requiring the assistance of professionals such as social workers and counselors. However, in the past, there was a lack of legal basis for this.
The recent amendment explicitly mandates the provision of “victim services,” marking a significant milestone. It signifies that sexual harassment victims will have professional social workers to accompany them, timely provide relevant resources and counseling, and offer empathy and support, aiding them through each challenging step.
However, at this stage, due to limited budgets, most county and city governments only provide a sexual harassment prevention hotline. Whether effective and friendly social work services can be fully provided in the future remains a key point that requires ongoing monitoring and attention.
In conclusion, while the government’s recognition and legislative efforts regarding sexual harassment prevention are commendable, the full implementation and provision of comprehensive victim services after March 8 are crucial. Continuous monitoring and advocacy are necessary to address any emerging issues or shortcomings and foster a more inclusive Taiwanese society.
Legislation compiled by: HSU JING-JIAN (Advocacy Officer, Research and Development Department)