Sex Discrimination Ordinance

What does the Sex Discrimination Ordinance do?

The Sex Discrimination Ordinance (the Ordinance) was enacted on 14 July 1995. Under the Ordinance, it would be unlawful to:

• discriminate against a person because of his or her sex
  
  
• discriminateagainst a person because of his or her marital status
  
  
• discriminateagainst a pregnant person
  
  
• sexually harass a person

The Ordinance is applicable to both women and men.

What is Discrimination?

There are two types of discrimination: "direct" and "indirect" discrimination. Direct discrimination means treating a person less favourably than another person in analogous circumstances because of the victimised person's sex, marital status, or pregnancy. Unequal pay for equal work would be an example of "direct" discrimination.

"Indirect" discrimination means imposing the same requirement or condition on everyone, but which has an unfair effect on a particular group of persons. For example, if a bank only recruits bank tellers who are at least 6 feet tall, it is likely that many more women than men are unable to satisfy this height requirement. This kind of unfair requirement would constitute "indirect" sex discrimination if there is no reasonable justification for the requirement.

The same principles apply to discrimination on the ground of sex, marital status, or pregnancy.

What is Sexual Harassment?

Under the Ordinance, sexual harassment is any unwelcome sexual behaviour directed towards the harassed person in circumstances which a reasonable person would have anticipated that the harassed person would be offended, humiliated, or intimidated. It includes unwelcome sexual advances, unwelcome request for sexual favours, and other unwelcome conduct of a sexual nature. In the workplace, sexual harassment also includes creating a sexually-hostile work environment for a person.

What areas of activity does the Ordinance cover?

The Ordinance makes it unlawful to discriminate or sexually harass a person in many areas of activity. These include:

• employment
  
  
• education
  
  
• provision of goods, facilities, or services
  
  
• disposal or managementof premises
  
  
• eligibility to vote for and to be elected or appointedto advisory bodies
  
  
• activities of clubs
  
  
• activities of Government

What should you do if you are discriminated against or sexually harassed?

Sex discrimination and sexual harassment are unlawful. You have a right to take action. An independent statutory body called the Equal Opportunities Commission (the Commission) will be established to oversee the implementation of the Ordinance. If you experience treatment that you think may be unlawful under the Ordinance, you may seek assistance from the Commission. Alternatively, you may also bring proceedings in court.

What does the Equal Opportunities Commission do?

The Equal Opportunities Commission is responsible for working towards the elimination of discrimination and sexual harassment and promoting equality of opportunity between the sexes. The Commission will also develop and issue codes of practice, and undertake public education and research programmes to promote equal opportunities between women and men.

The Commission will provide assistance for persons who have experienced sex discrimination and sexual harassment. A person may lodge a complaint in writing to the Commission. The Commission will then investigate the complaint and encourage conciliation between the parties in dispute. If the complaint cannot be resolved, the Commission may also provide assistance in court proceedings should the victim decides to take his/her case to court.

Commencement

The provisions of the Sex Discrimination Ordinance relating to non-employment fields came into operation on 20.9.1996 as appointed by the Secretary for Home Affairs by notice in the Gazette. Provisions relating to employment matters came into operation on 20.12.1996 after the code of practice in employment matters is endorsed by the Legislative Council.

[This article only provides general information on the Ordinance. The information is by no means exhaustive or definitive. Readers are advised to refer to the provisions of the Sex Discrimination Ordinance for a complete and definitive statement of the law.]