On 17 August 2023, the EOC issued a statement to welcome the District Court’s ruling in favour of a woman (the Claimant), who was unlawfully discriminated against by her employer (the Respondent) because of her pregnancy.

The Court awarded the Claimant a sum of HK$306,680 for loss of income, along with HK$489,500 for the year-end bonus, both with interest. The Court also ordered the Respondent to pay the Claimant HK$130,000 for injury to feelings, on the basis that the Respondent issues an apology and a reference letter. Furthermore, the Respondent is responsible for covering the Claimant’s legal costs.

The Claimant began working for the Respondent, a logistics company, in September 2007 and was promoted to department head in March 2017. Shortly after that, she became pregnant. The Respondent then refused to give the Claimant an end-of-year bonus and did not renew her employment contract right before her maternity leave, citing reasons such as poor performance and for cost-saving/operational purposes. However, the Claimant believes that the Respondent’s actual motive was her pregnancy.

Under the Sex Discrimination Ordinance, it is unlawful for an employer to subject a woman to a disadvantage or dismiss her on the ground of her pregnancy. In providing legal assistance to the Claimant, the EOC’s in-house lawyers represented the Claimant to conduct the case and attend court as trial Counsel on her behalf. 

EOC Chairperson Mr Ricky CHU Man-kin said, “This judgment sends a strong reminder to all employers that there is no place for pregnancy discrimination in the field of employment. It is essential for employers to avoid making assumptions about the abilities of pregnant women in carrying out their job duties, and take active steps to foster inclusive, family-friendly work environments that enable all employees to thrive.”

• Read the press release