On 28 January 2021, the EOC issued legal proceedings under the Disability Discrimination Ordinance (DDO) in the District Court, on behalf of a person (the Claimant) who previously worked for a company (the Respondent) as an officer carrying out clerical and accounting duties.

The Claimant had been suffering from neck pain for a long time and was diagnosed with cervical spondylosis and radiculopathy (collectively referred to as the “disability”). Upon medical advice, she decided to take sick leave to attend physiotherapy. Subsequently, she informed her supervisor of her need to take physiotherapy twice a week and was dismissed five days afterwards. She believes the dismissal was a result of disability discrimination in that the Respondent terminated her employment on the ground of her disability and/or her need to take sick leave to attend physiotherapy sessions.

The DDO protects persons with disability against discrimination, harassment and vilification. Under the DDO, it is unlawful for an employer to dismiss an employee on the ground of the employee’s disability or for the fact that the employee takes sick leave as a result of the disability.

By taking this case to court, the EOC hopes to enhance public knowledge of the rights of employees under the DDO, and remind employers that it is a contravention of the DDO to discriminate against an employee on the ground of disability by dismissing him/her.

• Read the press release
• Read the Code of Practice on Employment under the DDO