On 12 May 2020, the EOC instituted legal proceedings in the District Court under the Disability Discrimination Ordinance (DDO), on behalf of a person (the “Claimant”) who previously worked for a company (the “Respondent”) as an Accounting and Administrative Officer.

The Claimant claimed that the Respondent had discriminated against her on the ground of her disability (i.e. her left olecranon fracture and related sick leave) by terminating her employment upon her return from sick leave. The Claimant had taken sick leave for a certain period of time. On the day when she resumed duty after sick leave, she was dismissed by the Respondent.

The DDO protects persons with disability against discrimination in various fields, including employment. Under the DDO, it is unlawful for an employer to dismiss an employee on the ground of the employee’s disability, which includes sickness.

Employment-related cases of disability discrimination have accounted for a significant portion of the complaints lodged with the EOC year after year. By taking this case to Court, the EOC hopes to send a strong message to employers that disability discrimination in the workplace is unacceptable and will be dealt with seriously by the EOC.

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