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The EOC Gives Legal Assistance in Pregnancy Discrimination Case

04/12/2018

The Equal Opportunities Commission (EOC) has today (4 December 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 1st Respondent) as Manager. The Claimant claimed that the 1st Respondent discriminated against her on the ground of her pregnancy and that her former direct supervisor (2nd Respondent) knowingly aided the 1st Respondent to commit the unlawful discriminatory acts. The discriminatory acts included but not limited to extending the Claimant’s probation without any valid reasons, removing her main duties, relocating her to a new workstation near the washroom, denying her access to office email and printing machines, removing the Claimant from all work-related communication channels and platforms, requiring her to take unpaid leave to attend medical examination in relation to her pregnancy and terminating her employment after her maternity leave.

Pregnancy discrimination means treating a woman less favourably because of her pregnancy. The SDO protects women 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 any detriment 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. From 2015 to 2017, the EOC received 200 complaints on pregnancy discrimination, representing 38% of all complaints received during this period under the SDO. This shows that pregnant women in Hong Kong still suffer considerable levels of discrimination in the workplace. By taking this case to Court, the EOC hopes to raise public awareness of the rights of pregnant workers 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

4 December 2018