| dc.description.abstract | In Taiwan, due to demographic changes and labor shortage, it is becoming increasingly urgent to legalize the protection of the rights and interests of people who face employment discrimination. In Article 5 Paragraph 1 of the Employment Service Act, various types of employment discrimination are prescribed, including appearance discrimination, gender discrimination, sexual-orientation discrimination, pregnancy discrimination, age discrimination, disability discrimination, union membership discrimination, etc. The constituent elements of employment discrimination are uncertain legal concepts. Departing from the doctrines of separation of powers and law-based administration, this study examines the boundaries of administrative discretion within uncertain laws. Functionwise, the executive, legislative, and judicial sectors differ, each having particular duties to perform. Moreover, this study delves into the uncertain legal concepts and notions of administrative discretion in the laws of Germany and Taiwan. It also introduces relevant theories and interpretations of court practice for judicial review over the administrative behaviors governed by the laws of the United States. Drawing on relevant theories and court judgments regarding employment discrimination in the US, this study critically analyzes the legal system and court judgments involving employment discrimination in Taiwan. Finally, I present my key research findings on the issue of employment discrimination in Taiwan’s legal system. Based on these findings, I offer suggestions for subsequent law amendments. | en_US |