The Equal Opportunities Commission (EOC) today (19 February 2025) welcomes the District Court's ruling on 14 February 2025 concerning a sexual harassment case (DCEO 4/2023). The court ruled in favour of a foreign domestic worker (the Claimant), holding that her former employer (the Respondent) had engaged in conduct constituting sexual harassment as defined under the Sex Discrimination Ordinance (SDO) (Cap. 480).

The District Court ordered the Respondent to pay the Claimant a total compensation of HK$182,387.30, which includes HK$60,000 for injury to feelings, HK$10,000 for exemplary damages, and HK$112,387.30 for loss of income, along with interest. The Court also ordered the Respondent to pay the Claimant’s legal costs.

The Claimant alleged that during her employment, she was repeatedly subjected to sexual harassment by the Respondent. This included the Respondent coming up close to sniff the fragrance of her hair and body, persistently requesting to have sex with her, and making repeated vulgar sexual remarks. The Claimant clearly rejected these acts of sexual harassment and expressed these were unwelcome. After a heated argument with the Respondent, the Claimant feared for her personal safety and reported the sexual harassment incidents to the police. She then moved out of the Respondent’s residence with the assistance of her employment agency.

Ms Linda LAM Mei-sau, Chairperson of the EOC said, “This court ruling sends a strong reminder to all employers that sexual harassment against employees, including foreign domestic workers, during their employment is unlawful and will lead to serious legal consequences. Under the SDO, which covers the field of employment, sexual harassment refers to any unwelcome sexual advance to another person or unwelcome conduct of a sexual nature, which a reasonable person, having regards to all the circumstances, would anticipate that the other person would be offended, humiliated and intimidated.”

Ms Lam continued, “Eliminating sexual harassment has always been a top priority for the EOC. We hope that this ruling will encourage more victims of workplace sexual harassment to come forward and seek redress for such unlawful acts. Between 2022 and 2024, 89 out of the 116 sexual harassment cases that underwent conciliation reached a settlement, achieving a success rate of 77%.”

In providing legal assistance to the Claimant, the EOC’s in-house lawyers acted as the legal representatives of the Claimant in conducting the case, issued legal proceedings under the SDO, and attended court hearings on her behalf.

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