The EOC issued legal proceedings on 1 November 2019 under the Disability Discrimination Ordinance (DDO) in the District Court, on behalf of a foreign domestic worker (the Claimant) who claimed that, by terminating her employment, her former employer (the Respondent) discriminated against her on the ground of the disabilities of her associates (i.e. her deceased parents).

The Claimant alleged that she was assigned by the Respondent to take up additional heavy renovation work. Consequently, she experienced high blood pressure, dizziness and slurred speech. While the Claimant was in hospital, in response to the Respondent’s enquiry, she revealed to the Respondent that her parents died of strokes in their fifties. On the night when she was discharged from hospital, the Respondent terminated her employment with immediate effect. The termination letter stated clearly that she was dismissed because of her deceased parents’ medical history.

Under the DDO, it is unlawful for a person to discriminate against another person by treating him or her less favourably on the ground of the disability of the latter’s “associate”, which includes “a spouse of the person”, “another person who is living with the person on a genuine domestic basis”, “a relative of the person”, etc.

It is not uncommon that foreign domestic workers become subject to discriminatory treatment after falling ill. By taking this case to the court, the EOC hopes to raise public awareness of unlawful disability discrimination in the workplace and educate employers that reasonable accommodation should be provided for employees with disabilities.

• Read the press release
• About the Diability Discrimination Ordinance