The Equal Opportunities Commission (EOC) has today (26 January 2018) issued legal proceedings under the Sex Discrimination Ordinance (SDO), Cap 480 in the District Court, on behalf of a woman (the Claimant) who previously worked for a company (the Respondent) as a clerk. The Claimant alleged that she had been discriminated against by the Respondent on the ground of her pregnancy by forcing her to resign, and later dismissing her after she resumed work from her sick leave for her miscarriage.

Pregnancy discrimination means treating a woman less favourably because of her pregnancy. The SDO protects a woman from pregnancy discrimination in areas such as employment and the provision of goods, facilities or services. Under the SDO, it is unlawful for an employer to subject a woman to a disadvantage or dismiss her on the ground of her pregnancy.

Employment related pregnancy discrimination remains one of the EOC’s most frequently received complaints under the SDO. The EOC has received 200 complaints on pregnancy discrimination, representing 38% of total complaints received under the SDO, from 2015 to 2017. It shows that working pregnant women still face considerable discrimination. By taking this case to court, the EOC hopes to raise public awareness of the rights of pregnant women under the SDO, and to remind employers that it is unlawful to discriminate against an employee because of her pregnancy.

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Equal Opportunities Commission
26 January 2018