This case arose out of a suit for sex discrimination by a female worker who retired at 40 years. Even though she had been working for the defendant company over 15 years, she was not able to be promoted into higher level grades. The company segregated...
This case arose out of a suit for sex discrimination by a female worker who retired at 40 years. Even though she had been working for the defendant company over 15 years, she was not able to be promoted into higher level grades. The company segregated female workers into the lowest level grade and prevented them from being promoted. Thus most female workers retired as lowest level employees, the retirement age of which was just 40 years.
The Korean Supreme Court held that this grade retirement system would have adverse impact on female workers without repairing damages by limiting promotion. It was decided that the facially neutral grade retirement system might be discriminatory if it had adverse impact on minority groups without discriminatory intent or animus. That is why this decision is a landmark case in Korean EEO law.
However I would like to point out one weak point of this decision. The Court admitted the defendant’s argument that the company just followed the traditional perception that female high school graduates were best at clerical works. The Court should have considered the problem of biased stereotype against female workers, because the Korean EEO law was enacted for the purpose of eradicating these stereotypes from workplaces.