EOC Chairperson Mr Ricky CHU Man-kin reaffirmed the EOC’s commitment to tackling pregnancy discrimination in an article published on the online media outlet HK01 on 1 September. The Sex Discrimination Ordinance (SDO) protects women from pregnancy discrimination in areas such as employment, and the provision of goods, facilities or services. It is unlawful for an employer to subject a woman to disadvantages or dismiss her on the grounds of her pregnancy.

Between 2018 and 2022, the EOC received 407 complaints related to pregnancy discrimination, constituting approximately one-fourth of all SDO complaints. Mr Chu observed, “Most of the complaints pertain to employment, indicating that pregnancy discrimination in the workplace is not uncommon.”

Last month, the District Court ruled in favour of a woman who was unlawfully discriminated against by her employer due to her pregnancy. The employer refused to provide her with an end-of-year bonus and renew her employment contract before her maternity leave. With legal assistance from the EOC, the case was brought to the Court, which ordered the respondent to compensate the woman with a total sum of $1.1 million, the highest amount awarded in any pregnancy discrimination court case.

Mr Chu explained, “It is important to note that the amount of compensation varies depending on the unique circumstances of each case. In this particular case, the compensation took into account the plaintiff’s loss of income and bonus after being refused to renew the contract.”

Mr Chu believed that the case sends a clear signal to all employers that they must not discriminate against pregnant staff. “Employers must refrain from making assumptions about the capabilities of pregnant staff. Instead, they should take proactive measures to establish inclusive and family-friendly workplaces, enabling all employees to unleash their full potential,” he wrote.

• Read the article (in Chinese only)