Taiwan Court Orders Compensation in Gender-Based Harassment Case

A retired man in Keelung, Taiwan, is ordered to pay compensation for gender-based harassment after making derogatory remarks about a woman's appearance during a mediation session.

A court in Taiwan has ruled in favor of a woman, 小文 (Xiaowen), who brought a lawsuit against a retired man, 阿哲 (A-Zhe), alleging gender-based harassment. The incident occurred during a mediation session in Keelung, where the two were discussing a car accident.

The court found 阿哲 liable for the harassment after he made disparaging remarks about 小文’s short hair, questioning her gender despite knowing she was a biological female. The Keelung City Government's Sexual Harassment Prevention Committee had previously determined that 阿哲’s comments constituted sexual harassment.

小文 sought compensation for emotional distress, including medical expenses and loss of income due to her inability to work. She claimed that 阿哲’s remarks caused her emotional distress, leading her to seek psychiatric treatment and resulting in a loss of earnings. She also requested compensation for the damage to her personal dignity.

During the trial, 阿哲 argued that his comments, even if considered harassment, were not severe enough to cause 小文 significant harm. However, the court found that 小文 had provided sufficient evidence, including medical records and the Keelung City Government's decision, to demonstrate that 阿哲’s remarks had caused her emotional distress.

The court noted that during the mediation, 小文’s gender was already known. 阿哲’s comments, the court determined, were deliberately aimed at 小文's appearance, specifically her short hair, and reflected a gender stereotype. The court concluded that 阿哲’s remarks were offensive and discriminatory, constituting sexual harassment. The court ordered 阿哲 to pay 小文's medical expenses and also awarded her 50,000 in mental distress compensation, totaling 60,730. The decision can be appealed.