The Equal Opportunities Commission (EOC) has issued today (19 November 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 had taken sick leave for a certain period owing to her right ankle fracture resulting from a work injury. On the day she resumed duty after sick leave, she was requested by the Respondent to take and exhaust all her annual leave starting from the following day. She was later dismissed with immediate effect when she resumed duty again. The Claimant alleged that the Respondent had discriminated against her on the ground of her disability by dismissing her.

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 medical treatments. Such employees 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
19 November 2015