On 18 May 2020, EOC Chairperson, Mr Ricky CHU Man-kin briefed the Legislative Council Panel on Constitutional Affairs about work progress made by the Commission in 2019/20 and its focuses for 2020/21.

As Mr Chu pointed out in his introduction, the number of enquiries and complaints received by the EOC in 2019/20 has gone up from the previous year, reflecting growing public concerns over discrimination, harassment and vilification amid the city’s social unrest in 2019 and the COVID-19 outbreak that hit Hong Kong in 2020. The issues raised included allegations of sexual harassment committed against/by protestors, refusal of services to Putonghua speakers and visitors from mainland China, and remarks made by public officers, among others. While the EOC continues to handle all cases according to its statutory remit and principle of impartiality, it has also stepped up its educational efforts – through interviews, statements, publications and digital content – to explain how the anti-discrimination ordinances may or may not apply to matters of public concern.

Moving into 2020/21, the EOC will elevate its work to a more strategic level. From kick-starting the operation of a new Anti-Sexual Harassment Unit and co-organising a conference about female carers with disability to wrapping up a feasibility study on the accreditation of interpreters working with ethnic minority languages, the EOC plans to tackle gender, disability, family status and racial discrimination not only by spotlighting problems, but also through creating solutions.

Where resources permit, the EOC will also attempt to review the current legal regime, consult stakeholders and draw up proposals to strengthen protection against discrimination based on sexual orientation, gender identity, intersex status, age and residency status. Indeed, calls for legislative change have intensified recently amid the social unrest since last June, significant court rulings on LGBTI rights, as well as various controversies and grievances stemming from the COVID-19 pandemic.

As our society appears plagued with deepening polarisation, the EOC is confronted with the unprecedented challenge of promoting empathy and inclusion to a divided public. Be that as it may, the Commission remains the city’s sole statutory and independent body dedicated to championing the value of equal opportunity, and expectations for the EOC to fulfil this role remain fervent among those living on the margins of society. With eyes set on a better future, the EOC will continue to strategise, innovate, and work with all sectors in society to build a city free from prejudice and discrimination.

On 25 May 2020, the EOC issued legal proceedings under the Family Status Discrimination Ordinance (FSDO) in the District Court, on behalf of a woman (the Claimant) who previously worked for a company (the Respondent) as Senior Art Director. The Claimant claimed that the Respondent dismissed her on the ground of her family status.

Under the FSDO, the family status of a person refers to her/his status of having responsibility for the care of an immediate family member related by blood, marriage, adoption or affinity, such as her/his child. The FSDO protects individuals from family status discrimination in various areas, including employment and the provision of goods, services and facilities.

In order to discharge her responsibility for the care of her newborn child, the Claimant had to express breast milk during her working hours, and was consequently subject to family status discrimination. The Claimant alleged that the Respondent did not provide appropriate accommodation for her to pump milk at work. Upon the Claimant’s return to work after her maternity leave, she was dismissed by the Respondent on the ground of her family status, i.e. her responsibility of taking care of her newborn child.
 
By taking this case to Court, the EOC hopes to remind employers that it is unlawful to discriminate against employees because of their family status under the FSDO.