On 5 November 2021, the EOC issued legal proceedings in the District Court under Hong Kong’s Sex Discrimination Ordinance (SDO) on behalf of a woman (the Claimant) who alleges that her former male colleague (the Respondent) sexually harassed her in the workplace on a number of occasions.

The Respondent allegedly made unwelcome physical contact, such as stroking the Claimant’s back, and gave her unwelcome attention of a sexual nature by staring at her chest when her clothes got wet in the rain during a workplace event.

Under the SDO, sexual harassment takes place if the harasser engages in any unwelcome conduct of a sexual nature in relation to the victim in circumstances in which a reasonable person would have anticipated that the victim would be offended, humiliated or intimidated.

Sexual harassment also occurs if the harasser, alone or together with other persons, engages in conduct of a sexual nature which creates a hostile or intimidating environment for the victim.

While sexual harassment between employees of an establishment in Hong Kong is unlawful under the SDO, it continues to be a prevalent problem today. From 2017 to 2020, the EOC received 519 sexual harassment complaints, accounting for 45% of all the complaints received under the SDO.

By taking this case to court, we hope to remind the public of what may constitute sexual harassment under the SDO, and that the law prohibits sexual harassment in employment settings. 

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