What is discrimination?
Discrimination is when one group of people is treated differently to other people. The reason for the different treatment could be because of many reasons. If you are discriminated against when working, Hong Kong law allows you to take action.
In Hong Kong, it is unlawful for employers to discriminate against their employees because of their:
- Sex;
- Pregnancy;
- Marital status;
- Family status;
- Disability; and
- Race
These are known as the ‘protected attributes’. It means that discrimination in employment on the basis of sex, pregnancy, marital status, family status, disability and race are illegal under Hong Kong law. All people in Hong Kong, including migrant domestic workers (‘MDW’), are protected by these law.
- Sex Discrimination Ordinance;
- Disability Discrimination Ordinance;
- Family Status Discrimination Ordinance; and
- Race Discrimination Ordinance.
What does discrimination look like?
In general, the forms of discrimination that are not allowed are:
- Direct discrimination
When an employer treats a person less favourably than other people because of his/her sex, pregnancy, marital status, family status, disability or race.
Example: an employer treats one of their employees poorly because she is Filipina. - Indirect discrimination
This happens when an employer does something that only affects one group of people more than other people.
Example: an employer only provides meals to their employees with pork. This would be indirectly discriminatory to employees who cannot eat pork because of her religion. - Victimization
Victimization is when an employer treats a person badly because that person has filed a case or gave evidence against the employer when the employer has been accused of discrimination.
Example: Angie makes a complaint about pregnancy discrimination against her employer. Angie’s co-worker, Ben, gives evidence in support of Angie. The employer then punishes Ben for supporting Angie’s complaint, by for example, given Ben more work. - Vilification
Vilification is when a person does something to embarrass or harass someone, or a group of people because of their disability or their race.
Example: an employer jokes about their employee’s headscarf, which the employee wears because of her religion. - Instructions from employers to their employee to discriminate: If an employer tells their employee to discriminate against someone, or a group of people, based on their sex, pregnancy, marital status, family status, disability or race, this is still considered discrimination.
No discrimination when hiring
It is illegal under Hong Kong law to discriminate when hiring someone for work. For example, it is illegal for employers or agencies to only hire MDWs of a certain background, or to favor certain people because of their background.
Example: an agency does not want to hire MDWs who are single. This would be discrimination.
It is also illegal for an employer to fire an employee because of their sex, pregnancy, marital status, family status, disability or race.
Responsibility of employer for discrimination done by their employees
An employer can be held responsible for acts of discrimination that is done by their employees. For example, if any employer has two MDWs working for them, the employer can be held responsible for the actions of one of the MDWs if she is discriminatory towards the other MDW (for example, because the other MDW is of a different race or nationality).
Is discrimination ever allowed or legal?
Under Hong Kong law, there are certain times when discrimination laws do not apply. One example is when a person with a disability is unable to do a job properly. Another example is where an MDW suffers from a long-term health problem that may affect her ability to do her work. It is legal for the employer to choose to not hire the MDW as she would not be able to do the work. MDWs must do a medical check up before starting their work. This is not considered discrimination because this is a requirement of the Immigration Department.
Helpful Tips
- Stay safe. Take steps to remove yourself as much as possible if the person who is discriminating against you may hurt you.
- Keep evidence. If you can do this safely, keep photos, videos, or messages of any discriminatory treatment.
- Get support from someone. Seek help from a friend, NGO or a trusted person. If you think you will not be safe, contact the police (999) or go to the police station immediately to seek help.
- Do not say or do anything that may be discriminatory. If someone is discriminating against you, it is important to stay calm and not say anything that you may regret later on.
Is there any legal action I can take?
If you think you have been discriminated against, you may want to file a complaint to the Equal Opportunities Commission of Hong Kong (‘EOC’). The EOC will investigate the discrimination and may help you to find a solution. The solution may be a negotiated settlement, or the EOC may help you to file a case in court. Contact a legal advisor or NGO if you think you will need help making a complaint to the EOC.
