Taiwan labor ministry upholds NT$300,000 fine against Starlux Airlines for age discrimination

TAIPEI (Taiwan News) — The Ministry of Labor has upheld a NT$300,000 (US$9,058) fine against Starlux Airlines for discriminating against middle-aged and older workers, rejecting the company's appeal.

The case began when an individual surnamed Liu (劉) 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.

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.

As a result, the airline 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.

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.

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.