On 15 November 2019, the EOC issued legal proceedings under the Sex Discrimination Ordinance (SDO) in the District Court, on behalf of a woman (the Claimant) who previously worked for a company (the Respondent) as a Senior Manager. The Claimant alleged that the Respondent discriminated against her because of her pregnancy by not giving her an end-of-year bonus and not renewing her employment contract.

The SDO defines pregnancy discrimination as less favourable treatment of a woman because of her pregnancy and/or related maternity leave. It offers protection in areas such as employment and the provision of goods, services or facilities. Under the SDO, it is unlawful for an employer to subject a woman to a disadvantage or dismiss her on the ground of her pregnancy.

From 2016 to 2018, the EOC received 223 complaints about pregnancy discrimination, which accounted for 32% of the complaints lodged under the SDO. Indeed, pregnancy discrimination in employment settings remains a common cause of SDO-related complaints received by the EOC, reflecting the challenges pregnant women continue to face in the workplace.

By taking this case to court, the EOC hopes to raise public awareness of the rights of pregnant workers under the SDO, and to remind employers that it is unlawful to discriminate against employees because of their pregnancy.

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