On 26 January, the EOC issued legal proceedings under the Sex Discrimination Ordinance (SDO), Cap 480 in the District Court, on behalf of a woman (the Claimant) who previously worked for a company (the Respondent) as a clerk. The Claimant alleged that she had been discriminated against by the Respondent on the ground of her pregnancy by forcing her to resign, and later dismissing her after she resumed work from her sick leave for her miscarriage.

Under the SDO, it is unlawful for an employer to subject a woman to disadvantage or dismiss her on the ground of her pregnancy. Yet employment-related pregnancy discrimination remains one of the EOC’s most frequently received complaints under the Ordinance. Between 2015 and 2017, the EOC received 200 complaints on pregnancy discrimination, representing 38% of the total complaints received under the SDO. By taking this case to Court, the EOC hopes to raise public awareness of the rights of pregnant women under the SDO, and remind employers that it is unlawful to discriminate against an employee because of her pregnancy.

• Read the media statement on the legal proceedings
• Find out more about the protection from pregnancy discrimination under the SDO