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E-news Issue 182

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EOC gives legal assistance in sexual harassment case

On 16 March 2018, the EOC issued legal proceedings under the Sex Discrimination Ordinance (SDO) in the District Court on behalf of a woman (Claimant) claiming that the Respondent, who managed the premises occupied by the Claimant at the material time, had sexually harassed her with sexual remarks.

Under the SDO, sexual harassment includes any unwelcome sexual advances, unwelcome requests for sexual favours, and other unwelcome conduct of a sexual nature, where a reasonable person, taking all the circumstances into account, would have anticipated that the victim would be offended, humiliated or intimidated. The SDO applies to various areas of activity, including the disposal or management of premises. Claims of sexual harassment, in fact, have consistently accounted for over 40% of SDO-related complaints lodged with the EOC every year.

As the global #MeToo movement catches on fire, the EOC believes that everyone has a role to play in ensuring this burst of global concern is translated into sustained commitment to combating sexual harassment in every sector and on all levels despite, and especially in the face of, backlashes that dilute the suffering of the victims. Through bringing this case to Court, the EOC hopes to remind members of the public not to let slide any instance of sexual harassment, while fulfilling its mission to provide aggrieved persons with access to redress.

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