Family Status Discrimination Case

The Complaint

Jane applied to enroll in a secretarial training course offered by a community organization. She was invited to attend a selection interview. "At first, Ms Chan, the interviewer, was enthusiastic in explaining to me the course details, but her attitude changed when she found out more about my family background," said Jane.

"I am a full-time homemaker and a mother of two. Now, with my children getting older, I wanted to gear up myself to get into the job market again. But it was discouraging to hear from Ms Chan that most employers would prefer to hire candidates without kids. Although I had already informed her of my plan to send my children to day care once I get a job, she still rejected my application. She suggested that I take the domestic helper training course instead."

Jane felt that she was being discriminated against because of her family responsibilities (i.e. looking after her two children), and therefore lodged a complaint with the EOC.

What the EOC did

In response to Jane's complaint, the EOC investigator approached the centre-in-charge of the community organization, the respondent of the case, and explained to him the Family Status Discrimination Ordinance in relation to the provision of goods, facilities or services. Both the complainant and the respondent agreed to settle the case by early conciliation.

The centre-in-charge agreed to issue a written apology to Jane, and undertook not to consider an applicant's family responsibilities when admitting students in the future. It was also agreed that training on equal opportunities law would be provided on a regular basis to the centre's staff.

What the law says

Under the Family Status Discrimination Ordinance, it is unlawful to discriminate against a person with family status in respect of goods, facilities or services such as those received from community organizations, hotels, cinemas, restaurants, or retail shops. Family status means the responsibility for the care of an immediate family member. An immediate family member is a person who is related by blood, marriage, adoption or affinity. Therefore, in this case, the community organization should not refuse Jane's application for course enrollment because of her family responsibilities.