What changes has the Discrimination Legislation (Miscellaneous Amendments) Ordinance 2020 made to the existing workplace discrimination law?

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 imputation
• Like 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 providers during the providing of acquiring services, facilities or goods
• Removing the intention exclusion under the Sex Discrimination Ordinance (Cap. 480), the Family Status Discrimination Ordinance (Cap. 527) and the Race Discrimination Ordinance (Cap. 602): Damages may be awarded to successful claimants for unlawful indirect sex, family status and/or race discrimination even if the other party has not intended to treat them less favourably.

Key takeaways

• If you are an employer, it is best that you are updated with Hong Kong’s workplace discrimination law so that you will not break the law unconsciously.
• In doing so, you may take a thorough look at the new legislation at https://www.elegislation.gov.hk/hk/2020/8!en.

Bibliography:

1. Equal Opportunities Commission, ‘Discrimination Legislation (Miscellaneous Amendments) Ordinance 2020 is now in force!’: https://www.eoc.org.hk/s/Discrimination_Ordinance_Amendments_2020/indexE.html

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