The Equal Opportunities Commission (EOC) has issued today (28 August 2015) legal proceedings in the District Court under the Disability Discrimination Ordinance (DDO), Cap. 487, on behalf of a woman (the “Claimant”) who previously worked for a property management company (the “Respondent”) as an assistant building supervisor. The Claimant alleged that her employment was terminated by the Respondent after she had taken two days of sick leave for flu, on the pretext that she was not suitable for the position, despite the fact that she had provided advanced notice and medical certificate to the Respondent.

Under the DDO, it is unlawful for an employer to discriminate against an employee by treating him/her less favourably on the ground of the employee’s disability. The definition of “disability” covers not only total or partial loss of a person’s bodily or mental functions, or total or partial loss of a part of the body, but also includes illness or disease.

It has been brought to the EOC’s attention that there remains considerable number of cases in which employees having to take leave for their disabilities or to undergo treatment tended to be treated unfavourably or even dismissed by their employers under various pretexts. 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, and that employers should provide reasonable accommodation for employees with disabilities.

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Equal Opportunities Commission
28 August 2015