ESG浪潮下企業之性騷擾防治義務──以性別平等工作法之規定為中心

Obligations of Enterprises in Preventing Sexual Harassment Amidst the ESG Wave: Focusing on the Provisions of the Gender Equality in Employment Act

性別平等工作法於2023年修法，以被害人保護為中心，加強對加害人的裁罰處置、完備被害人的權益保障、並建立專業且可信賴的性騷擾防治制度。
依性別平等工作法之規定，雇主對性騷擾有防治義務、通報地方主管機關並配合之義務、調整工作內容之義務，以及損害賠償之義務，然不具勞工身分之勞務提供者並非本法之適用對象。
於ESG之浪潮下，期待企業除了公司治理的遵法義務外，基於人權保障之觀點，對於利害關係人亦負起性騷擾防治義務以善盡社會責任，是值得思考的方向。

The Gender Equality in Employment Act was amended in 2023, with a focus on protecting victims. The amendments strengthened the penalties for actors, enhanced the protection of victims’ rights, and established a professional and reliable system for preventing sexual harassment.
According to the provisions of the Gender Equality in Employment Act, employers have the following obligations: the duty to prevent sexual harassment, the duty to report and cooperate with local authorities, the duty to adjust work content, and the duty to provide compensation for damages. However, service providers who are not employed by the enterprise are not covered by this Act.
Amid the wave of ESG, it is worth considering that, in addition to their legal obligations in corporate governance, enterprises should also take on the responsibility of preventing sexual harassment of stakeholders from a human rights protection perspective, thereby fulfilling their social responsibilities.