Taiwan's Ministry of Labor has upheld a NT$300,000 (US$9,058) fine against the Starlux Airlines for discriminating against middle-aged and older workers, rejecting the company's appeal.
As reported by the Central News Agency, the case started when an individual named Liu applied for six positions at the company between August and September 2023. These roles included pilot, baggage and wheelchair service staff, aircraft operations crew, cabin cleaning crew, cargo handler, and freight towing staff.
Starlux declined to offer Liu interviews, citing “limited openings” for all positions. Liu subsequently filed a complaint with the Taoyuan Department of Labor, alleging age discrimination during the recruitment process.
The 56-year-old worker applied for six positions at Starlux Airlines around August and September of the previous year , but was rejected each time with the message
"There are limited vacancies . We regret that we cannot make use of your talents this time." He never made it to the interview stage.
An investigation by the city government found that Starlux failed to provide a valid explanation for not hiring Liu. Additionally, the company could not demonstrate that its hiring criteria were free of discriminatory intent.
Finally, it was determined that Xingyu violated Article 12, Paragraph 1 of the "Anti-Middle-aged and Older Persons Employment Promotion Act" and was fined NT$300,000.
In response, Starlux appealed the decision to the Ministry of Labor, arguing that its recruitment process was based on a comprehensive review of applicants' resumes, not their age. The company also emphasized that it hires middle-aged and older workers, denying any claims of discrimination.
However, Starlux claimed that the worker lived in Kaohsiung and had mostly worked in the south. However, the job vacancy offered by Xingyu was located at Taoyuan Airport.
Considering that applicants with weak geographical connections have poor long-term employment and stability, the turnover rate of workers working in other places is higher than that of local workers.
In addition, the worker's resume contained many typos and omissions in the self-introduction, incorrect title symbols, and the content of the worker's job application resume did not meet the company's job requirements or characteristics.
After reviewing the case, the ministry's appeals committee concluded that Starlux did not provide enough evidence to prove that age was not a factor in the hiring process. The appeal was rejected, and the original fine was upheld.
Under the Middle-aged and Elderly Employment Promotion Act, the burden of proof falls on the employer if a middle-aged or elderly job seeker believes they were treated unfairly. Employers must show that any difference in treatment is not based on age.
During the appeal, Starlux submitted supporting documents, including data showing that over 20 employees aged 51 or older are currently employed in the positions in question. The company asserted that age is not a factor in its selection process and that its hiring decisions are based on the candidate’s abilities, qualifications, and work experience.
However, the ministry noted that most of the middle-aged and older employees in those roles were long-serving staff, not new hires. The proportion of older employees was also very low, leading the appeals committee to conclude that age had influenced the hiring decisions.
Liu, who had relevant work experience, applied for six different positions, all of which were still open when Starlux rejected his applications. This suggested that the job openings were not limited, further supporting the claim of discriminatory hiring practices, according to the ministry.
In Taiwan, under the Middle-aged and Elderly Employment Promotion Act, employers are prohibited from discriminating against individuals based on age in all aspects of employment, including recruitment, screening, hiring, and promotion. The act also covers matters related to training, compensation, benefits, and termination.
Picture Credit: わたべ
