Worries over discrimination have recently arisen after the Government announced plans to introduce a “vaccine bubble” scheme for restaurants and reports emerged that some employers had allegedly required employees to get COVID-19 jabs as a condition for continuing their employment. To address these concerns, the EOC released a statement on 14 April 2021 explaining how the anti-discrimination ordinances may apply.

While the Disability Discrimination Ordinance (DDO) protects people from discrimination based on a disability that “previously existed”, “presently exists”, “may exist in the future”, or is “imputed” to a person, Section 61 of the DDO states that it is not unlawful to discriminate against a person with a disability if the disability is an infectious disease listed under the Prevention and Control of Disease Ordinance (e.g. COVID-19) and the discriminatory act is reasonably necessary to protect public health. Therefore, if the tighter social distancing measures against unvaccinated individuals are reasonably necessary for the purpose of protecting public health, they may not be a contravention of the DDO.

As for the scenario where an employer requires all employees to get COVID-19 vaccination or else they will face dismissal, it must be noted that such a requirement may have a disproportionately detrimental effect on those who are pregnant or suffering from certain illnesses since they are not suited for vaccination and cannot comply with the requirement. Unless the employer has reasonable grounds to support the requirement, it may amount to indirect discrimination based on pregnancy under the Sex Discrimination Ordinance and on disability under the DDO respectively.

Employers and service providers should therefore take into account the needs of individuals who are not recommended to get vaccinated, and make appropriate arrangements for them. Indeed, it is understood that the Government itself may include exemptions under the proposed “vaccine bubble” scheme and will iron out the details in discussion with relevant sectors.

Members of the public who believe they have been subject to discrimination based on disability, sex, marital status, pregnancy, breastfeeding, family status or race are welcome to contact the EOC for assistance.

• Read the EOC’s statement