The Study on the Constitutional Necessity and Limits of Anti-Genetic Employment Discrimination Law
Date Issued
2009
Date
2009
Author(s)
Chen, Pei-Shian
Abstract
This master thesis is about a recent development of a new type of employment discrimination happening in the global workplace, ie. genetic employment discrimination, and what its relevant consequence might have been for employees in Taiwan. This thesis proposes to view private workplace genetic employment discrimination from a constitutional prospective, both from employers’ or employees’ prospective. The article argues that counter what one’s intuition may be, the right to equality at work might only be a legal right, rather than can direct its root from constitutional rights, such as: right of equality and right of work！ However, this article believes that a constitutional basis for equality at work is needed to face the functional change of constitutional in modern society, and in this genetic employment discrimination case, the right might be derived from article §22 of our constitution!Also, because current anti-employment discrimination laws, and Labor Standards Act in Taiwan do not provide any protection for employees in private workplace, and to make the situation worth, our Labor Safety and Health Act, like all other countries in the world, makes employees obligate to go through certain physical examinations before their employment or during their employment periods. As a matter of fact, the risk of encountering genetic employment discrimination by disclosing employees’ genetic privacy in those examinations, might just be as high in Taiwan, as what has been actually happened in the United States in 2001. Thus, unlike previous relevant articles in this area, this thesis argues that an anti-genetic employment discrimination law is now actually needed in Taiwan, just like most other countries in the world. In conclusion, this article argues that, since middle class workers are the fundamental basis for a health democracy, it might worth deliberate to offer all middle class employees a constitutional protection worth their importance and value to this system. This protection will also help to form a vibrant and healthy society and workplace to provide everyone in it a space to cherish their freedom and to fulfill their goals as a person with dignity. Anti-employment discrimination laws in different times might face different challenges and have different meanings, however, its core value and dream are all about founding a more equal and free society for everyone to live and work in, which is also the concern of this thesis and all other relevant articles in this area!
Subjects
genetic employment discrimination
genetic discrimination
the protective function of the State
The US Genetic Information Nondiscrimination Act of 2008
welfare state
genetics technology
the third person application of Fundamental Rights
Type
thesis
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