As Hong Kong scrambles to keep COVID-19 in check, employers should know that it may be unlawful under the Disability Discrimination Ordinance (DDO) to dismiss employees with the virus, including foreign domestic workers.

Infection with COVID-19 falls within the definition of disability under the DDO, which includes the presence of organisms causing or capable of causing disease or illness in the body. Although the law provides an exception for discrimination based on an infectious disease listed under the Prevention and Control of Disease Ordinance (e.g. COVID-19), it applies only where the discriminatory act is “reasonably necessary” to protect public health.

In assessing whether a certain act is reasonably necessary, an employer should consider whether there are alternative measures, the roles and functions performed by the relevant employee, the nature and duration of risk the infectious disease would cause to the organisation’s operations, the possibility of transmission, as well as the consequences of transmission and their severity. Blanket application of the exception without due consideration of these factors could result in unlawful acts. 

In relation to situations involving COVID-19, employees diagnosed with the disease are likely to be hospitalised and take sick leave to which they are entitled under the Employment Ordinance. They would not be able to return home or resume employment until they have tested negative for the virus and have physically recovered. In such circumstances, it is unlikely that it would be “reasonably necessary” to dismiss an employee with the virus or after he or she has recovered.

Learn more by clicking the links below.

The EOC is calling for proposals from research teams to conduct the Equal Opportunities Awareness Survey 2021.
 

Over the years, the EOC has conducted five telephone surveys on the public’s perception of the Commission and awareness of equal opportunities in Hong Kong. The EOC is now looking to commission a new survey to get an up-to-date picture of public opinion on the idea of equal opportunities, the Commission’s work, and legislating against discrimination based on grounds currently not covered by the law, among other issues.

A study brief is available on the EOC website, laying out requirements on sampling, questionnaire design, data analysis, reporting and other aspects of the research. 

Proposals should be submitted to the EOC before 5pm, 24 September 2020 (Thursday). For enquiries, please contact us at 2106 2255.

Application will close next Monday (31 August 2020) for the EOC’s colouring and drawing competition, the first of a series of events celebrating the Commission’s 25th anniversary next year.

Pre-school and Lower Primary participants need to fill in colours for a drawing by local illustrator Dreamergo, while those in the Upper Primary division are required to draw an A4 size picture based on the theme, “mutual respect, friendship and inclusion”.

Cash awards up to HK$2,000 are up for grabs! Check out the competition’s website to learn more about the rules and prizes.

To build racially inclusive neighborhoods and encourage interaction between citizens of different races in Hong Kong, the Home Affairs Department runs the “District-based Programmes for Racial Harmony” and sponsors NGOs to organise activities in different districts for ethnic minority and other local communities.

Proposals are now invited for Sham Shui Po, Kwai Tsing and the Islands. Interested parties should apply before 2:30pm on 4 September 2020 (Friday). For enquiries, please contact Mr Nichole CHENG at 2835 1464.