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Sexual Harassment Disclosure Cheat Sheet: Employer Disclosure Duties and Responsibilities
With the rise of gender equality awareness in recent years, creating a gender-friendly workplace has become an essential responsibility for employers. The amendments to the Gender Equality in Employment Act and the implementation of the Guidelines for Preventing Sexual Harassment in the Workplace (hereinafter referred to as the Guidelines) are aimed at responding to the changing times. These revisions not only strengthen the employer’s duties and responsibilities in preventing sexual harassment but also establish external complaint channels. The goal is to ensure that employees clearly understand how to protect their rights when faced with sexual harassment and to urge companies to respond swiftly and effectively to sexual harassment complaints. This article will introduce the employer's disclosure obligations and the complaint handling procedures, helping businesses a safer and more respectful work environment.
The responsibilities for preventing sexual harassment vary depending on the number of employees in a company!
According to the Gender Equality in Employment Act and the Guidelines for Preventing Sexual Harassment in the Workplace, the competent authorities impose varying degrees of sexual harassment prevention duties on employers based on the size of the company, as shown in the table below:
| Number of Employees | Legal Basis | Disclosure Obligations | Complaint Handling Procedures | Other |
|---|---|---|---|---|
| 10 to 29 employees | Article 13 of the Gender Equality in Employment Act, Articles 2 and 12 of the Guidelines | Must disclose the following:
| Procedures not publicly disclosed. The complaint handling unit members: employer and employee representatives, ensuring gender ratio is not overly imbalanced |
|
| 30 to 99 employees | Article 13 of the Gender Equality in Employment Act, Articles 3 and 12 of the Guidelines | Must disclose the following:
| Procedures not publicly disclosed. The complaint handling unit members: Must include professionals with gender awareness, and the proportion of women must not be lower than 1/2 |
|
| 100 to 499 employees | Article 13 of the Gender Equality in Employment Act, Articles 3 and 13 of the Guidelines | Must disclose the following:
| Procedures not publicly disclosed. An investigation team must be formed. The complaint handling unit members: Must include external professionals with gender awareness, and the proportion of women must not be lower than 1/2 |
|
| 500 or more employees | Article 13 of the Gender Equality in Employment Act, Articles 3, 13, and 6 of the Guidelines | Must disclose the following:
| Procedures not publicly disclosed. An investigation team must be formed. The complaint handling unit members: Must include external professionals with gender awareness, and the proportion of women must not be lower than 1/2 | Must provide at least 2 sessions of psychological counseling assistance if requested by the complainant or the victim |
The term "complaint channels" includes dedicated hotlines, fax, dedicated mailboxes, email, etc. The term "disclosure" refers to the measure of making this information publicly available in prominent places within the workplace, either in written form, through electronic data transmission, or other means that allow individuals to easily access and be informed.
Generally, employers will post posters promoting sexual harassment prevention on the company bulletin board, and also announce it within workgroups. The content of the poster should include the contact information for the sexual harassment prevention point of contact.
The term "professionals with gender awareness" suggests that employers can refer to the "Workplace Sexual Harassment Investigation Professional Talent Database" to find qualified individuals who meet the regulations.
Sexual Harassment Complaint Handling Process
1、Receiving Complaints
According to Article 11 of the Guidelines for Preventing Sexual Harassment in the Workplace, the complainant of sexual harassment may submit their complaint to the company’s complaint handling unit in verbal, email, or written form. For verbal or email complaints, the receiving personnel or unit must record the complaint and read it aloud to the complainant or make it available for their review. After confirming the accuracy of the content, the complainant must sign or stamp the document.
It is important to note that according to Article 32-1 of the Gender Equality in Employment Act, if the respondent is the employer or the highest-ranking official of the company, the victim can file a direct complaint with the local competent authority (i.e., the Ministry of Labor or the Labor Bureau).
2、Reporting Obligation
According to Article 13, Section 4 of the Gender Equality in Employment Act, when the employer receives a complaint from the victim, they must immediately notify the local competent authority.
To prevent past issues of companies handling complaints passively, the government has specifically stipulated that employers must report the sexual harassment complaint to the local competent authority before initiating the investigation process. This measure ensures that companies properly handle and track the case's progress.
3、Initiating the Investigation Process
According to Article 13, Section 2 of the Gender Equality in Employment Act, once the employer is made aware of a sexual harassment incident, they must take immediate and effective corrective and remedial actions, including initiating an investigation process, providing or referring the complainant for medical assistance or psychological counseling. The individuals involved in handling, investigating, and making decisions on the case should pay special attention to the following matters:
| Item | Legal Basis | Content |
|---|---|---|
| Confidentiality Obligation | Articles 10 and 13, Section 1, Paragraph 2 of the Guidelines | The personal privacy and other personal rights of the parties involved, as well as those invited to assist in the investigation, should be protected. Their names or any other identifiable information should remain confidential, except when necessary for the investigation or for public safety reasons. |
| Protection of Evidence Authenticity | Article 10 of the Guidelines | Evidence related to workplace sexual harassment incidents must not be forged, altered, destroyed, or concealed. |
| Non-public Procedure | Article 12 of the Guidelines | The employer must handle sexual harassment complaints in a non-public manner. |
| Objectivity and Fairness Principle | Article 13, Section 1, Paragraph 1 of the Guidelines | Upon receiving a complaint, the employer must conduct the investigation with objectivity, fairness, and professionalism. |
| Avoidance System | Article 15 of the Guidelines | Personnel involved in the handling, investigation, or decision-making process of a sexual harassment complaint must recuse themselves if they are the complainant, respondent, or have a familial relationship with either party (spouse, ex-spouse, blood relatives within the fourth degree, or in-laws within the third degree). Alternatively, the employer must directly mandate their recusal. |
| Avoid Repeated Questioning | Article 16 of the Guidelines | The complaint handling unit or investigation team may notify the parties involved and relevant individuals to attend meetings and provide a full opportunity to present their views and defense. Repeated questioning should be avoided unless necessary. |
4、Creation of the Handling Outcome
According to Article 14 of the Guidelines for Preventing Sexual Harassment in the Workplace, the investigation report for a sexual harassment complaint should include the case background, statements from the parties involved, records of investigative interviews, findings of facts, reasons, and recommended actions. Furthermore, in accordance with Article 13, Section 4 of the Gender Equality in Employment Act and Article 19 of the Guidelines for Preventing Sexual Harassment in the Workplace, if the investigation confirms that a sexual harassment case has occurred, in addition to appropriate disciplinary actions against the perpetrator, the handling outcome must be promptly reported to the local competent authority.
It is important to note that according to Article 32-1 of the Gender Equality in Employment Act, if the employer fails to handle the complaint or if the complainant disagrees with the investigation or disciplinary outcome, the victim may also file a complaint with the local competent authority.
How to a Safer Workplace Environment?
When a company is committed to creating a respectful, equal, and harassment-free workplace, it is not only important to comply with the Gender Equality in Employment Act and related regulations, but also to approach the creation of a safer workplace environment from three key areas: culture, education, and systems.
Establishing an Equitable Power Dynamic in the Workplace
Workplace sexual harassment often occurs in relationships where there is a power imbalance, such as between bosses and employees, supervisors and subordinates, or even senior employees and new hires. These situations can pressure and control dynamics that make it difficult for victims to refuse or speak up, leading to harm that is hard to heal. Therefore, companies should consider formalizing behavioral guidelines for interactions across different levels, such as prohibiting the abuse of power, and setting up anonymous feedback channels where employees can offer suggestions about the work environment or tasks from supervisors. This helps avoid creating a suppressive culture.
Regularly Holding Sexual Harassment Prevention Training
To increase employees' awareness and sensitivity toward sexual harassment prevention, companies can regularly organize in-service training sessions, inviting experts or lawyers to share practical cases. These sessions can provide valuable insights that improve the current system. Additionally, companies should design advanced training courses for managerial staff, covering topics such as identifying potential risks and preventing incidents from recurring. These efforts effectively raise employees' gender awareness, which is key to prevention rather than remedy.
Establishing Clear Complaint Channels and Relevant Regulations
When a sexual harassment incident occurs, employees may wonder, "Who should I turn to for help? Will I face retaliation for filing a complaint?" To prevent these concerns from enabling the perpetrator’s actions, employers must establish clear, actionable complaint mechanisms and handling procedures. In addition to setting up multiple complaint channels (e.g., hotlines, email), companies should have specific disciplinary regulations that clearly outline the classification of sexual harassment behavior, the consequences, and anti-retaliation provisions. This allows victims to step forward and speak up in a safe environment, ensuring their rights are protected.
A truly safe workplace should not only focus on "post-incident handling" but also on the "system design" and "cultural atmosphere" within the workplace. If companies can implement power equality and gender respect from top to bottom, and through education, training, and clear institutional regulations, make every employee feel that their rights and dignity are respected, it will effectively prevent sexual harassment incidents and a trusting, gender-friendly workplace culture.
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