At its 55th meeting on July 23rd, 2024, the National Human Rights Commission of Taiwan (NHRC) approved an investigative report in response to a complaint filed by the Taoyuan Flight Attendants Union (TFAU), concluding that the dress codes of Taiwanese airlines constitute gender discrimination under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In the report, the NHRC recommends that the government take a proactive stance in compliance with CEDAW principles and introduce a trousers-based uniform alternative for female cabin crew at Taiwanese airlines as soon as possible. Outside of Taiwan, nearly 100% of major airlines in Europe, America, New Zealand, and Australia offer both skirt and trouser uniform options. Under the Gender Equality in Employment Act, the government is obliged to follow the provisions of CEDAW and formulate guidelines to require airline companies to update their employee dress code in a manner consistent with gender equality, occupational safety, and democratic values.
The TFAU filed a complaint with the NHRC in August 2023, stating that the dress codes adopted by most Taiwanese airlines, which require female cabin crew to wear skirts, stockings, high heels, and makeup, constitute gender discrimination. The TFAU believes that such dress codes constitute a serious CEDAW violation, infringe on female cabin crew’s privacy, and could weaken their emergency response capacity in the event of evacuation.
In its investigation, the NHRC found that most Taiwanese airlines indeed have differing dress codes for male and female cabin crew. In particular, female cabin crew are subject to highly specific requirements regarding hair and makeup. Whether airlines enforce such gender stereotype-reinforcing dress codes through performance reviews, disciplinary actions, or dress code compliance checks, it is apparent that female cabin crew are at a comparative disadvantage. In addition, female cabin crew undertake safety training in trousers but lack emergency response training in their uniform skirts and shoes, raising safety concerns. Furthermore, wearing skirts and stockings, which are highly flammable, poses a serious fire hazard, limits cabin crew’s mobility, and increases the likelihood of sexual harassment.
The NHRC would like to reiterate its stance on gender-equal dress codes: Gender-specific dress codes must not discriminate against women or gender non-conforming individuals, nor put them at a disadvantage. It is the government’s job to ensure that all laborers are free from discrimination in all types of workplaces, to promote gender equality and human rights awareness among employers and employees alike, and to facilitate true gender equality in accordance with CEDAW.
The NHRC urges the government to:
- Take a proactive stance in formulating general industry dress code guidelines and assisting companies in fostering workplaces that are safe and gender equal.
- Apply the provisions set forth in CEDAW and the CEDAW Committee’s general recommendations when determining what constitutes differential treatment and gender discrimination under the Gender Equality in Employment Act and its Enforcement Rules.
- Strictly require employers to provide proof of bona fide occupational qualifications (BFOQs) to protect complainants from retaliation when dealing with complaints.
- Amend the Gender Equality in Employment Act to cover systemic gender discriminatory industry practices to enhance the occupational safety and health safeguards for cabin crew and other laborers alike.