Events Which Give Rise to a Discrimination Claim

The Sexual Discrimination Ordinance (Cap 480), Disability Discrimination Ordinance (Cap 487), Family Status Discrimination Ordinance (Cap 527), and Race Discrimination Ordinance (Cap 602) apply to discrimination not only in the field of employment, but also in many other fields.

In practice, however, most of the disputes are employment related.

This Practice Note that appeared first in the Hong Kong Employment module of Lexis+ Practical Guidance Hong Kong details the many different types of events may give rise to a claim before, during and after the employment relationship. For example: 

• before employment, the Equal Opportunities Commission (EOC) can take action against advertisements which discriminate on one of the prohibited grounds. These advertisements may also be evidence of a recruitment policy that is directly or indirectly discriminatory, which could assist a claim by an individual with regards to recruitment. Selecting individuals for employment on discriminatory grounds is unlawful, as is offering different terms on discriminatory lines
• during employment, discrimination regarding access to promotion, transfer, training, benefits, facilities or services, or by subjecting a person to any other detriment is unlawful

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