The Equal Opportunities Commission (EOC) has issued today (16 July 2015) legal proceedings in the District Court under the Disability Discrimination Ordinance (DDO), Cap. 487, on behalf of an elderly home caregiver (the “Plaintiff”), whose employment contract was not renewed by her employer after she went on sick leave for a certain period owing to her wrist injury that rendered her unfit to return to work. The Plaintiff alleged disability discrimination in that the non-renewal decision was made on the ground of her wrist injury and, but for her wrist injury, her employment contract would have been renewed for a period of at least another two years, just like the previous four renewals she received for the past 8 consecutive years.

Under the DDO, it is unlawful for an employer to dismiss an employee or subject him/her to any other detriment, on the ground of his/her disability. The EOC has granted legal assistance in this case as there remains prevalent discrimination against employees having to take leave for their disabilities or to undergo treatment, who tend to be treated unfavourably or even dismissed by their employers under various pretext. By taking this case to Court, the EOC hopes to raise public awareness of these discriminatory practices and remind employers that disability discrimination in the workplace is unlawful and that employers should provide reasonable accommodation for employees with disabilities.

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Equal Opportunities Commission
16 July 2015