The EOC issued legal proceedings under the Sex Discrimination Ordinance (SDO) in the District Court on 1 March 2023, on behalf of a foreign domestic worker (the Claimant) who alleged that her former employer (the Respondent) sexually harassed her on a number of occasions, including coming up close to sniff the fragrance of her hair and body after she had taken a shower.

The Claimant says the Respondents repeatedly made unwelcomed requests to have sex with her and some vulgar sexual remarks, such as asking her to help him have babies. After repeated rejections, the Respondent became furious and used severely abusive language to demand having sex with her.

Under the SDO, sexual harassment covers any unwelcome sexual behaviour directed towards the harassed person in circumstances which a reasonable person would have anticipated the harassed person would be offended, humiliated, or intimidated. The SDO covers sexual harassment in the area of employment.

By taking this case to court, the EOC wants to raise public awareness and remind employers that sexual harassment against employees, including foreign domestic workers, during their employment is unlawful and will attract serious legal consequences.  

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