On 31 December 2019, the EOC issued a statement welcoming the judgement handed down by the District Court on 30 December (DCEO 3/2018), which ruled in favour of a woman (the “Claimant”) unlawfully discriminated against by her employer because of her pregnancy.

The Claimant, who worked as a clerk for a company (the “Respondent”), alleged that the Respondent had discriminated against her on the ground of her pregnancy by pressuring her to resign, and later dismissing her after she resumed work from her sick leave taken because of her miscarriage.

The Court also ruled that the Respondent unlawfully victimised the Claimant under Section 9 of the Sex Discrimination Ordinance (SDO) and Section 7(1) of the Disability Discrimination Ordinance (DDO), by refusing to provide severance pay and proof of employment to her for the reason that the Claimant had lodged complaints with the EOC.

To mark the degree of hurt and indignation felt by Claimant, the Court awarded a total sum of $133,000 for injury to feelings, loss of income and punitive damages, and ordered the Respondent to issue a proof of employment to the Claimant within 14 days.

The Claimant had been offered legal assistance from the EOC, whose in-house lawyers acted as her legal representative to initiate proceedings under the SDO and the DDO, prepare court documents, attend interlocutory hearings, and act as the instructing solicitor to assist external counsel in trial.

“For years, pregnancy discrimination has accounted for the second highest number of complaints lodged under the SDO,” said Mr Ricky CHU Man-kin, Chairperson of the EOC. “We are therefore strongly encouraged by the ruling, which sent an important message to all employers that they should not treat their pregnant employees in a discriminatory manner.”

Mr Chu continued, “As mentioned in the judgement, women should not be deprived of their freedom and right to employment because of their pregnancy. To safeguard the rights of pregnant women, not only have we enforced the law vigorously and conducted strategic litigation over the years, but we have also called on the Government to fill gaps in the current anti-discrimination legislation. Specifically, we have recommended the introduction of a statutory right for women to return to their work position after maternity leave under the Discrimination Law Review, the report of which was submitted to the Government in March 2016.”

• Read the full statement
• Know your rights as a pregnant woman under the SDO