16 June 2020
On 11 June 2020, the Discrimination Legislation (Miscellaneous Amendments) Bill 2018 (Bill) was passed at the Legislative Council. The Bill introduced amendments to Hong Kong’s four anti-discrimination legislations, namely the Sex Discrimination Ordinance (SDO), the Disability Discrimination Ordinance (DDO), the Family Status Discrimination Ordinance (FSDO), and the Race Discrimination Ordinance (RDO) (Amendments). Filling the gaps in the existing laws, these Amendments allow broader scope of legal protection against discrimination and harassment.
We summarise the major Amendments and our recommendations to employers as follows:
Breastfeeding
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Note that separately, the Sex Discrimination (Amendment) Bill 2020, which was gazetted on 31 January 2020, will introduce provisions in the SDO prohibiting harassment on the ground of breastfeeding. The Sex Discrimination (Amendment) Bill 2020 if passed will come into operation at the same time as Part 2 of the Bill (amendments to the SDO relating to discrimination on the ground of breastfeeding).
Harassment at workplace
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Scope of racial discrimination
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Award of damages
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Looking forward
The Discrimination Legislation (Miscellaneous Amendments) Ordinance 2018 (Ordinance) will come into effect on the day it is published in the Gazette except for Part 2 (amendments to the SDO relating to discrimination on the ground of breastfeeding) which will come into effect 12 months after the publication of the Ordinance in the Gazette. The passing of the Amendments is a big step forward in fostering more comprehensive protection against discrimination and harassment. As the amended laws will have wider interpretations and expanded scopes of protection as well as liability, employers should review their existing policies to ensure compliance with the changes. Employees should be made aware of what they could be availed of in case discrimination or harassment occurs in the workplace.
For further information, please contact:
Cynthia Chung, Partner, Deacons