On 23 May 2022, the EOC issued legal proceedings under the Disability Discrimination Ordinance (DDO) in the District Court, on behalf of a person (the Claimant) who alleged that his former employer (the Respondent) discriminated against him by terminating his employment on grounds of his disability i.e. being infected with COVID-19.

The Claimant was employed by the Respondent as a project manager. A few days after reporting duty, the Claimant was diagnosed with COVID-19 and was hospitalised. During hospitalisation, he received a termination message via WhatsApp from the Respondent, who stated that the Claimant was dismissed because of his infection with COVID-19.

The DDO protects persons with disability from discrimination, harassment and vilification. Under the ordinance, it is unlawful for an employer to dismiss an employee on grounds of the employee’s disability, which definition includes the presence of organisms causing or capable of causing disease or illness in the body, such as COVID-19 infection.

This is the second COVID-19 related disability discrimination case the EOC took to the Court recently. In doing so, the EOC hopes to raise public awareness and remind employers that disability discrimination in the workplace is unlawful. The case also serves to underline the fundamental principle of avoiding discrimination even in times of changing public health landscape as posed by the COVID-19 epidemic. 

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