The four anti-discrimination ordinances in Hong Kong (the Sex Discrimination Ordinance (Cap. 480), the Disability Discrimination Ordinance (Cap. 487), the Family Status Discrimination Ordinance (Cap. 527) and the Race Discrimination Ordinance (Cap. 602)) prohibit both discrimination and harassment in the workplace. Discrimination and harassment are certainly different as they refer to different types of acts and/or conduct. General definitions The general dictionary definitions of the terms “discrimination” and “harassment” are different: Discrimination: It is defined as the accomplished or intended differential treatment of social groups or persons due to certain generalised traits.Harassment: It refers to behaviours used or adopted by one person that intends to annoy or trouble another person, e.g. repeatedly attacking the other person or trying to cause the other person problems. Workplace-specific definitions In relation to workplace discrimination and harassment, the definitions provided by the four anti-discrimination ordinances are more specific as they are tailored to the workplace scenario. The terms “discrimination” and “harassment” are defined in the workplace context as: Direct discrimination: This occurs when a job candidate or employee is treated less favourably than another candidate or employee based on the prohibited grounds, e.g. a promotion is not offered to a woman but to a man who is less qualified.Indirect discrimination: This occurs when a policy, rule or practice equally applies to everyone but has a disproportionate effect on a group of people, e.g. specifying in a job advertisement or promotion that candidates can only apply if English is their first language.Harassment: This occurs when someone conducts an act that is unwelcomed or unwanted by another person, e.g. name calling, offensive jokes, mockery or ridicule, interference with work performance and intimation. Bibliography: Hong Kong Government,

If your employee has made a complaint of unlawful discrimination against you or any other person within the company, you should take certain steps to protect yourself: Treating the matter seriouslyBeing careful of not falling into the trap of “victimising” your employee: For instance, you should not force your employee to stay at home.Following the implemented company anti-discrimination policies or grievance proceduresDocumenting and/or recording every evidence gathered and every interview heldIn the case of the complaint being unfounded, gathering evidence to demonstrate that the same treatment would have been given to another actual employee or a hypothetical employeeContacting your lawyers for advice on any defence strategy

The Equal Opportunities Commission has implemented the four anti-discrimination ordinances. Since the implementation, employers and employees in Hong Kong have become more aware of their legal rights and obligations. Numerous things can be done by employers to ensure that they comply with the four ordinances: Implementing transparent anti-discrimination policies and internal grievance procedures: The policies should be written and zero-tolerance. Upon the implementation of the policies, the employers should request their employees, volunteers and interns to sign a declaration for having understood the policies. Employers should also apply the policies consistently and transparently.Taking care when exercising managerial right or discretion to award benefits to employees or promote employees: When exercising their right or discretion, employers should ensure that the reasons of awarding benefits to certain employees or promoting certain employees are not at all related to their employees’ sex, marital status, family status, pregnancy, breastfeeding, disability or race. It is better for the company’s directors and/or managers to record in the minutes succinctly and accurately how the decision has been reached. The record should also demonstrate that the directors and/or managers have considered all relevant factors before making the decision.Taking care when issuing appraisal reports and warning letters: Employers are liable to disclose to their employees their appraisal reports regarding their performance and any warning letters issued to them pursuant to the Personal Data (Privacy) Ordinance (Cap. 486). Hence, none of these documents should give any indication that the employees’ future has been, either fully or partly, determined by an unlawful discriminatory factor.Providing their employees with a work environment that is free from discrimination and harassment Bibliography: BDO Limited, ‘Article: What can employers do to comply with the

Under Hong Kong law, there is no specific legislation prohibiting workplace discrimination based on age. The Hong Kong Government has only tackled age discrimination in Hong Kong since 1996 by educating the public and issuing self-regulatory guidelines to employers. However, these guidelines do not make employers legally liable for any malpractices and the Equal Opportunities Commission do not have the statutory power to investigate or follow up with any age discrimination reports lodged to it. Hence, there have been suggestions to pass a law that prohibits discriminatory practices in the workplace (e.g. remuneration, hiring and dismissal) against mature workers. Mature workers are generally referred to as those aged 50 and above. It was not until May 2019 that the Legislative Council passed a non-binding motion that urges the Hong Kong Government to enact age discrimination legislation in Hong Kong. One of the reasons for passing this motion is the increase from 32.5% to 43.1% of the labour force participation rate of mature persons in Hong Kong. Bibliography: Legislative Council, ‘Protection of mature workers against workplace discrimination’: https://www.legco.gov.hk/research-publications/english/essentials-2021ise12-protection-of-mature-workers-against-workplace-discrimination.htm

If your employee alleges that they have been discriminated against in the workplace, the first thing that they may do is to check whether the company’s policy has protected them from the discriminatory act. Then, they may make a complaint to the individual responsible for the discriminatory act. They may also lodge a complaint to the management team of your company or seek help from their labour union or staff association if the complaint is job-related. What might your employee do if they do not receive any positive reply? After making a complaint to the discriminator or to the management team of your company, if your employee does not receive any positive reply, they may initiate a complaint with the Equal Opportunities Commission. An alternative option to this is to commence a case at the District Court. If your employee has been discriminated against or treated badly due to acting as a witness or providing information for a colleague or friend who has lodged a complaint, they may also make a complaint of “victimisation” to the management team of your company or to the Equal Opportunities Commission. Once you are aware that an allegation has been made by your employee regarding workplace discrimination, it is best to make a record as soon as possible regarding the complaint. This will ensure that you do not forget about the details and that everything is properly and thoroughly recorded. Lodging a complaint with the Equal Opportunities Commission If your employee wishes to lodge a complaint with the Equal Opportunities Commission, they can complete the online complaint form, by sending a fax at 2106 2324, or by posting to or attending in person at 16/F, 41 Heung Yip Road, Wong Chuk Hang, Hong Kong. There is a time limit to lodging a complaint with the Commission – within 12 months from the date of the incident. In your employee’s complaint, the following information must be provided: Details and dates of the discriminatory

On 19 June 2020, the Discrimination Legislation (Miscellaneous Amendments) Ordinance 2020 came into force. The Ordinance was enacted to improve protection against discrimination. It has also amended the existing workplace discrimination law, including the Sex Discrimination Ordinance (Cap. 480), the Disability Discrimination Ordinance (Cap. 487), the Family Status Discrimination Ordinance (Cap. 527) and the Race Discrimination Ordinance (Cap. 602). Changes made to the existing workplace discrimination law The major changes made by the Discrimination Legislation (Miscellaneous Amendments) Ordinance 2020 to the existing workplace discrimination law include the following: Amending the Sex Discrimination Ordinance (Cap. 480) to also prohibit unlawful discrimination based on the ground of breastfeeding: The provisions on breastfeeding will not come into force until 19 June 2021.Extending the scope of unlawful disability, sexual and racial harassment to “workplace participants” so long as they attend or work in the same workplace: Workplace participants refer to volunteers, interns or barristers’ pupils who do not have any employment relationship with the person that engages them. Having extended the scope, volunteers, interns and pupils will be personally liable for committing any act of harassment during their voluntary service or internship. Likewise, those who engage volunteers, interns or pupils can be vicariously liable for any unlawful act of harassment committed by the volunteers, interns or pupils.Extending the scope of protection under the Race Discrimination Ordinance (Cap. 602) to protect individuals from racial harassment and direct and indirect racial discrimination by imputationLike the Sex Discrimination Ordinance (Cap. 480), extending the scope of protection under the Disability Discrimination Ordinance (Cap. 487) and the Race Discrimination Ordinance (Cap. 602) to also prohibit racial and disability harassment by customers and service

Employment discrimination occurs when a job candidate is being treated unfavourably or less favourably than other candidates. Similarly, workplace discrimination happens when an employee is being treated unfavourably or less favourably than other employees. Under Hong Kong’s anti-discrimination law, employment or workplace discrimination is prohibited. It is unlawful to discriminate against a job candidate or employee based on certain grounds. Grounds of employment or workplace discrimination As stipulated in the Sex Discrimination Ordinance (Cap. 480), the Disability Discrimination Ordinance (Cap. 487), the Family Status Discrimination Ordinance (Cap. 527) and the Race Discrimination Ordinance (Cap. 602), it is unlawful to discriminate a job candidate or employee based on the following grounds unless any exemption applies: SexDisabilityFamily StatusMarital statusPregnancyRace (including colour, race, and descent or ethnic/national origin) Forms of employment or workplace discrimination The four ordinances mentioned above prohibit various forms of employment or workplace discrimination, including: Direct discrimination: This occurs when a job candidate or employee is treated less favourably than another candidate or employee based on the prohibited grounds, e.g. a promotion is not offered to a woman but to a man who is less qualified.Indirect discrimination: This occurs when a policy, rule or practice equally applies to everyone but has a disproportionate effect on a group of people, e.g. specifying in a job advertisement or promotion that candidates can only apply if English is their first language.Victimisation: This happens when someone at the workplace punishes you for making or supporting a complaint about employment or workplace discrimination.Vilification: This happens when someone conduct an act to incite hatred towards or to seriously ridicule or contempt for another person based on race or disability.Harassment: This occurs when someone