On 25 May 2020, the EOC issued legal proceedings under the Family Status Discrimination Ordinance (FSDO) in the District Court, on behalf of a woman (the Claimant) who previously worked for a company (the Respondent) as Senior Art Director. The Claimant claimed that the Respondent dismissed her on the ground of her family status.

Under the FSDO, the family status of a person refers to her/his status of having responsibility for the care of an immediate family member related by blood, marriage, adoption or affinity, such as her/his child. The FSDO protects individuals from family status discrimination in various areas, including employment and the provision of goods, services and facilities.

In order to discharge her responsibility for the care of her newborn child, the Claimant had to express breast milk during her working hours, and was consequently subject to family status discrimination. The Claimant alleged that the Respondent did not provide appropriate accommodation for her to pump milk at work. Upon the Claimant’s return to work after her maternity leave, she was dismissed by the Respondent on the ground of her family status, i.e. her responsibility of taking care of her newborn child.

By taking this case to Court, the EOC hopes to remind employers that it is unlawful to discriminate against employees because of their family status under the FSDO.

• Read the Code of Practice on Employment under the FSDO