On 21 April 2022, the EOC issued legal proceedings under the Disability Discrimination Ordinance (DDO) in the District Court, on behalf of a person (the Claimant) who made a job application for the position of Business Development Manager (BDM) at the Respondent company.

The Claimant’s job application was successful. However, before he commenced work, he was diagnosed with COVID-19. After being hospitalised for about two weeks, his treating doctor confirmed that he had recovered. When the Claimant informed the Respondent that he was ready to report duty, he was told that the BDM position had been filled up by others and was no longer available to him. The Claimant alleged that the Respondent had unlawfully discriminated against him by refusing or deliberately omitting to offer him the employment on grounds of disability, i.e. his COVID-19 infection.

The DDO protects persons with disability against discrimination, harassment and vilification. Under the DDO, it is unlawful for an employer to refuse or deliberately omit to offer a person employment on the ground of her or his disability, including a disability that previously existed but no longer exists.

This is the first COVID-related disability discrimination case that the EOC took to court. By doing so, the EOC hopes to raise public awareness and remind employers that they should not discriminate against a job applicant or an employee who has recovered from a COVID-19 infection.

• Read the EOC’s press release
• Read the Code of Practice on Employment under the DDO