On 30 January 2024, the EOC issued legal proceedings under the Disability Discrimination Ordinance (DDO), Cap. 487 in the District Court, on behalf of a person (the Claimant) who worked as a customer service officer in a company (the Respondent), which operates piano learning centres in Hong Kong. The Claimant alleged that the Respondent discriminated against her by terminating her employment on the ground of her disability (i.e. hyperthyroidism).

During the probationary period, the Claimant sought medical advice from a doctor after having breathing difficulties and was subsequently diagnosed with hyperthyroidism. The Claimant was granted six days of sick leave, which she requested from her supervisor via an instant messaging application and obtained approval for the leave. While on sick leave, the Claimant continued to experience rapid heartbeat and sought medical advice again, with the doctor recommending an additional 11 days of sick leave. The Claimant then sent the medical certificate to her direct supervisor via an instant messaging application, and was granted the additional sick leave. On the eighth day of the Claimant’s sick leave, her immediate supervisor called her and informed her that the Respondent had decided to dismiss her with seven days’ notice, which would take effect one day before she was scheduled to return to work.

The DDO protects persons with disabilities from discrimination, harassment, and vilification. Under the DDO, it is unlawful for an employer to dismiss an employee on the ground of his or her disability. In cases where an employee’s disability affects his/her job performance, the employer should offer reasonable accommodations to assist the employee to perform the inherent requirements of the job before making a decision on dismissal.

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

• Read the press release
• Read the Code of Practice on Employment under the DDO