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EOC speaks out against COVID shaming and discrimination
On 24 February 2022, the EOC issued a statement expressing deep concern over reports of foreign domestic workers being fired and turned out of homes by employers because they have contracted COVID-19.
Dismissing employees or subjecting them to other forms of less favourable treatment because they have been infected with COVID-19 might constitute unlawful disability discrimination under the Disability Discrimination Ordinance (DDO). Although section 61 of the DDO provides an exception where: (i) the disability concerned is an infectious disease listed under the Prevention and Control of Disease Ordinance (e.g. COVID-19); AND (ii) the discriminatory act is reasonably necessary to protect public health, in the event of a claim, the burden is on the employer to adduce evidence to prove that the discriminatory act is indeed reasonably necessary for the purpose of protecting public health.
In addition, the Labour Department has reminded employers that they should not terminate or repudiate an employment contract with an FDW who has contracted COVID-19. Under the Employment Ordinance, an employer is prohibited from terminating the contract of employment of an FDW on a paid sickness day, except in cases of summary dismissal due to serious misconduct. If an employer contravenes the relevant provisions of the Employment Ordinance, he or she commits an offence and is liable to prosecution and, upon conviction, to a maximum fine of $100,000.
Earlier in the month, EOC Chairperson, Mr Ricky CHU Man-kin had attended the RTHK Radio 1 programme Letter to Hong Kong and called on the public to avoid shaming and stigmatising COVID-19 patients. He also expressed gratitude to EOC Member Dr Rizwan ULLAH for relaying worries among non-ethnic Chinese communities in the city over worsening prejudice.
“Pandemic life is hard enough for everyone as it is; a lack of empathy will not help us win this fight,” said Mr Chu. “In particular, we urge employers to be reasonable in making work arrangements for and handling leave applications from employees who are under quarantine or a compulsory testing order.”
Mr Chu continued, “The EOC is also aware of certain widely circulated text messages that seem to associate an entire ethnic group or profession with the virus. I would like to this opportunity to reiterate that there is and should be no room for divisive language and baseless accusations, especially during these challenging times.”
