To celebrate its 25th anniversary next year, the EOC launched the Equal Opportunity Employer Recognition Scheme last Wednesday (4 November 2020). Open for application until 31 January 2021, the scheme is the first of its kind in Hong Kong and seeks to recognise private and public organisations with a proven track record of implementing policies in the areas of Gender Equality; Equality for Diverse Abilities; Family Status Equality; and Racial Equality and Inclusion.

Organisations that have excelled in all four categories may win the Equal Opportunity Employer Gold Award. SMEs which have adopted impressive equal opportunity employment policies may also be given the Outstanding SME Award. Announcement of the results is expected to be made in late April/early May 2021.

“The importance of workplace diversity and inclusion cannot be overstated, given their tangible benefits for businesses, such as increased staff engagement, creativity and productivity,” said Mr Ricky CHU Man-kin, EOC Chairperson. “Indeed, research shows that companies which champion and practise equal opportunity fare better in recession. As organisations grapple with the unprecedented challenges presented by COVID-19 and global economic uncertainty, they must realise that the path to recovery comes partly from innovation, which means embracing talents from different backgrounds.”

For details, please click the links below.

Recent reforms to the Sex Discrimination Ordinance have strengthened legal protection from sexual harassment in workplaces, covering interns, volunteers and people sharing a common workplace. Learn more about these updates from Mr Peter READING, Senior Legal Counsel of the EOC by joining an upcoming webinar co-organised by The Women’s Foundation and the EOC, which will take place on 17 November 2020, 12:30-1:30pm.

Other speakers include Ms Sehr AHMED, CHRO Asia, Mercer; Ms Helen COLQUHOUN, Partner – Head of Employment, DLA Piper; and Mr Rasheed SHROFF, Founder and Managing Director, Banyan Workspace. Moderated by Ms Fiona NOTT, CEO, The Women’s Foundation, the panel will discuss  employer best practice around preventing workplace sexual harassment in light of the latest legislative amendments.

Do you know what racial discrimination by “association” means?  What about racial harassment by “imputation”? The latest changes to the Race Discrimination Ordinance, implemented by the Discrimination Legislation (Miscellaneous Amendments) Ordinance 2020, have expanded the definition of racial discrimination and harassment, in effect enhancing protections for ethnic minority communities under the law.

On 26 November 2020 (Friday), the EOC will organise an explainer workshop on Zoom from 10:30am-12pm, designed especially for NGOs serving ethnic minorities in Hong Kong. Mr Peter READING, Senior Legal Counsel of the EOC will offer an overview of the said changes, as well as the amendments to the city’s other three anti-discrimination ordinances, namely the Sex Discrimination Ordinance, Family Status Discrimination Ordinance and Disability Discrimination Ordinance. Practical examples will also be given.

Sign up on or before 20 November 2020 to join us!

The Labour Department issued a press release on 3 November 2020, reminding employers that they should not dismiss foreign domestic workers (FDWs) who have contracted COVID-19, and should continue to comply with requirements under the Employment Ordinance (EO) and the relevant Standard Employment Contract amid the COVID-19 pandemic.

Under the EO, an employer is prohibited from terminating the contract of employment of an employee on his or her paid sickness day, except in cases of summary dismissal due to the latter's serious misconduct. An employer who contravenes relevant provisions of the EO commits an offence and is liable to prosecution and, upon conviction, to a maximum fine of $100,000. Employers may also contravene the Disability Discrimination Ordinance (DDO) by treating FDWs less favourably (e.g. by dismissing them) because they have been infected with COVID-19.

Although the DDO 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 relation to situations involving COVID-19, employees diagnosed with the disease are likely to take sick leave to which they are entitled under the EO. 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.

The EOC has published an FAQ explaining the DDO and the rights it extends to FDWs in situations related to COVID-19. To learn more, please click the link below.