On 28 April 2023, EOC Chairperson Mr Ricky CHU Man-kin published an opinion piece on the online media outlet HK01 to explain how Hong Kong’s Disability Discrimination Ordinance (DDO) protects COVID-19 patients from discrimination in the employment field. Under the DDO, it is unlawful for an employer to dismiss an employee or subject him/her to any other detriment on the grounds of his/her disability.

The individual may lodge a complaint with the EOC if he/she feels being or having been subject to discrimination. The EOC will endeavour to assist the parties of the complaint in resolving the matter through conciliation, which is entirely voluntary. If conciliation is unsuccessful, the complainant may consider taking the case to the court or applying to the EOC for assistance. The EOC’s Legal and Complaints Committee will assess the applications on a case-by-case basis.

Mr Chu elaborated on a recent DDO case handled by the EOC, which was related to a patient who contracted and recovered from COVID-19. The complainant was sacked when she returned to work after recovering from COVID-19. She lodged a complaint with the EOC against her employer for disability discrimination. The conciliation was unsuccessful and the complainant applied for and was granted legal assistance by the EOC. With the assistance of the EOC’s legal representative, both sides reached a settlement without having to bring the case before the court. The former employer agreed to give monetary compensation and apologise to the complainant. 

Drawing reference from this case, Mr Chu reiterated that disability discriminiation in the employment field is unlawful and employers must not discriminate against employees and job applicants infected with and recovered from COVID-19. He also rode on the coming Labour Day to urge the employers to create a workplace free of discrimination in the post-pandemic era. “Employers should proactively consider rolling out diversity, equality and inclusion policies. Not only can they retain talents, but they can also create a caring and inclusive workplace culture that boosts employees’ sense of belonging,” wrote Mr Chu.

• Read the article on HK01 (in Chinese only)