On 20 July 2021, the EOC issued legal proceedings under the Sex Discrimination Ordinance (SDO) in the District Court on behalf of a foreign domestic worker (the Claimant) who alleges that her former employer (the Respondent) sexually harassed her on various occasions in the course of her employment with him.

The Respondent allegedly: entered the bathroom naked while the Claimant was taking a shower; masturbated in front of her; walked around the residence naked in her presence; and made unwelcome sexual requests and remarks to her.

Under the SDO, sexual harassment occurs when a person engages in unwelcome conduct of a sexual nature in relation to another person, where a reasonable third person, having regard to all the circumstances, would have anticipated that the other person would be offended, humiliated or intimidated by the conduct. Such conduct may include, but is not limited to, making unwelcome sexual advances or unwelcome requests for sexual favours.

It is unlawful under the SDO for employers to sexually harass their employees in the course of their employment at an establishment in Hong Kong.

By taking this case to court, the EOC hopes to remind the public that sexual harassment should not be tolerated and may attract serious legal consequences.

• Read the EOC’s press release
• Download the EOC’s booklet “Learn the Law, Know Your Rights: Understanding Sexual Harassment”