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Introduction to the existing anti-discrimination ordinances in Hong Kong
What are the major anti-discrimination ordinances in Hong Kong?
What are the functions and duties of the Equal Opportunities Commission (EOC)?
Sex Discrimination
Can an employer refuse to employ me because of my gender/sex? Under what circumstances can an employer use "genuine occupational qualification" as an excuse for sex discrimination?
Further to question 1, do employers have to prove the existence of genuine occupational qualification (GOQ) as an exception for sex discrimination if they are being sued or if complaints have been made against them? What would happen if only part of the duties of a job involve gender/sex as a GOQ?
How would a person's age co-relate to sex discrimination? Is it unlawful if different age requirements are applied to males and females when they apply for jobs or obtain goods/services?
What is sexual harassment? Under the Sex Discrimination Ordinance, is sexual harassment prohibited in all environments?
What can you do if you are sexually harassed?
If an incident involving sexual harassment happened in an office or another part of the workplace, to what extent may the employer be held responsible or liable?
What is marital status discrimination?
Can an employer refuse to employ a job applicant because she is pregnant?
Can an educational establishment or a service provider refuse to provide services or facilities to me because of my sex, pregnancy or marital status?
What if I receive even worse treatment after I have lodged a complaint? If my friend is being discriminated against because he acts as a witness for me, can my friend also lodge a complaint?
Disability Discrimination
What is the general meaning of discrimination, harassment and vilification in relation to a person's disability?
Under what circumstances can an employer refuse to employ or dismiss a person with a disability? Suppose I have a serious leg injury, does it mean that I have no chance to take up a job?
If an employee has an infectious disease or AIDS, can the employer dismiss that person?
What if I receive even worse treatment after I have lodged a complaint? If my friend is being discriminated against because he/she acts as a witness for me, can my friend also lodge a complaint?
If my relative or friend is a disabled person and is being discriminated against by others, can I represent him/her to lodge a complaint with the Equal Opportunities Commission?
If I'm looking for a job, can an employer require me to provide medical information/records?
If a physically disabled person can handle a particular job with some special facilities/aids, is the employer required to make the relevant adjustments/alterations at the workplace, or could the employer just refuse to employ (or dismiss) that person?
I am a physically disabled person and I always have difficulty in taking a taxi. Should the taxi driver help me on every occasion? What if the driver refuses to offer taxi services to me?
I am a wheelchair user. Do I have equal opportunities in respect of access to public buildings and social facilities?
Toilets for people with disabilities are sometimes used as store rooms.. Is this unlawful under the Disability Discrimination Ordinance?
My child is mentally handicapped and I have applied for a place for him at a mainstream kindergarten. The kindergarten eventually rejected me. Has the kindergarten contravened the Disability Discrimination Ordinance? If my child is admitted, does the kindergarten have a responsibility to provide special services or facilities to help him with his studies?
If my colleagues openly tease a mentally handicapped colleague about his/her mental handicap and he/she is unhappy about it, is this discrimination?
I want to rent a flat. The landlord and I have already agreed to all the terms and conditions. However, after learning that I am going to live with a relative who is mentally handicapped, the landlord refused to rent the flat to me. Has the landlord contravened the Disability Discrimination Ordinance?
Can an employer refuse to employ me, give me less favourable employment terms, or dismiss me on the basis of my mental illness?
Can a person or company refuse to provide goods, services or facilities to me due to my mental illness?
Can a person with a hearing impairment use a hearing aid when attending a recruitment interview?
Can an employer refuse to employ me on the basis of my visual impairment because the workplace is considered to be of high risk?
Am I protected under the Disability Discrimination Ordinance if I have a chronic illness? What are some examples of chronic illness?
Can an employer dismiss me on the basis of my chronic illness or because I need to have regular medical treatment?
Am I protected under the Disability Discrimination Ordinance if I am infected with HIV/AIDS? If I turn up for help at any hospital or clinic, can it refuse to treat me?
If I am looking for a job, can the employer require me to take an HIV test?
Family Status Discrimination
An employer knows that dismissing a pregnant employee may be unlawful, so he intends to dismiss that employee after she has given birth to her child. Would that employer still be liable under the law?
Can an educational establishment (e.g. an evening school or university) or a service provider refuse to provide me with services or facilities because I need to take care of my family members?
What can I do if I feel I am being discriminated against?
How to complain
If I want to lodge a complaint with the Equal Opportunities Commission, what information do I need to provide? How can I lodge a complaint?
Is there any time limit for lodging a complaint?
Can a group of persons lodge a single complaint? Must I (as an aggrieved person) lodge a complaint with the EOC myself?
How does the EOC handle a complaint? Under what circumstances will the EOC discontinue the investigation of a complaint?
How does the EOC conciliate a case? Can the aggrieved person request conciliation?
What if the conciliation is not successful? If I cannot afford legal costs, can I get legal assistance from outside sources?
Can I bring my case to court directly without going to the EOC? What possible compensation or remedial action can I obtain through legal action?
Case illustration
Related Websites
Related Websites
Equal Opportunities Commission
Labour Department
Transport Department
Hong Kong Council of Social Service
Hong Kong Judiciary
Legal Aid Department
Bilingual Laws Information System
Hong Kong Legal Information Institute