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E-news Issue 208

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EOC gives legal assistance in pregnancy discrimination case

On 12 April, the EOC issued legal proceedings under the Sex Discrimination Ordinance (SDO), Cap. 480 in the District Court, on behalf of a foreign domestic helper (the Claimant) who claimed that her former employer (the Respondent) discriminated against her on the ground of her pregnancy by terminating her employment during her pregnancy.

Pregnancy discrimination means treating a woman less favourably because of her pregnancy. Under the SDO, it is unlawful for an employer to subject a woman to any detriment or dismiss her on the ground of her pregnancy.

Statistics show that pregnant women in Hong Kong still suffer considerable discrimination in the workplace. Indeed, pregnancy discrimination in the field of employment has consistently accounted for a significant proportion of SDO-related complaints received by the EOC. From 2016 to 2018, the EOC received 223 complaints on pregnancy discrimination, representing 32% of all complaints received during this period under the SDO.

By taking the above case to court, the EOC hopes to raise public awareness of the rights of pregnant employees under the SDO, and remind employers that it is unlawful to discriminate against female employees, including foreign domestic helpers, on the ground of their pregnancy.

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