On 27 June 2023, the EOC initiated legal proceedings under the Disability Discrimination Ordinance, Cap. 487, in the District Court on behalf of a person (the Claimant) who previously worked for a cake shop as a Shop Assistant.

The Claimant claimed that the shop owner (1st Respondent), the director of the shop owner (2nd Respondent), and the direct supervisor of the Claimant (3rd Respondent) discriminated against her on the grounds of her disability by subjecting her to a series of discriminatory treatments, including harassment, after she returned to work from sick leave, before terminating her employment.

The Claimant worked for the 1st Respondent for over a year with satisfactory job performance. She sprained her back while moving stocks of cake boxes at work, and was diagnosed with acute lower back pain. Upon returning to work after six days of sick leave, the 3rd Respondent required the Claimant to perform additional tasks, which were unsuitable for someone with a back injury. She was subsequently terminated by the 1st Respondent shortly after her sick leave without any explanation.

The DDO protects persons with disability from discrimination, harassment and vilification. Under the DDO, it is unlawful for an employer to treat an employee less favourably, harass and dismiss an employee on the grounds of the employee’s disability or for taking sick leave due to a work-related injury.

By taking this case to the court, the EOC hopes to raise public awareness and remind employers that disability discrimination and harassment in the workplace is unlawful.

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