Understanding Sex Discrimination Ordinance

According to Sex Discrimination Ordinance, it is unlawful to discriminate against a person on the ground of sex, marital status, pregnancy or breastfeeding in prescribed areas of activities.

According to Sex Discrimination Ordinance (SDO) (Cap. 480), it is unlawful under the SDO to discriminate against a person on the ground of sex, marital status, pregnancy or breastfeeding in prescribed areas of activities, including:

• employment
• education
• provision of goods, services and/or facilities
• disposal and/or management of premises
• eligibility to vote for and to be elected or appointed to advisory bodies
• participation in clubs
• activities of the Government

In addition to protecting against discrimination, the SDO also protects a person from sexual harassment and victimisation in prescribed areas of activities, including employment, education, provision of goods, services and/or facilities, disposal and/or management of premises, and membership of clubs.

Breastfeeding Discrimination and Harassment

The SDO also offers protection against breastfeeding discrimination and harassment on the ground of breastfeeding, as well as both direct and indirect discrimination for breastfeeding mothers.

In relation to the provision of goods, services and/or facilities, the SDO protects service providers from sexual harassment and harassment on the ground of breastfeeding by customers (and vice versa). This is so even if the harassment took place outside Hong Kong but on Hong Kong registered aircraft and ships.

The SDO renders sexual harassment and harassment on the ground of breastfeeding between workplace participants at a common workplace unlawful, even where there is no employment or employment-like relationship between them. A "workplace participant" covers persons working in the same workplace, being an employer, an employee, a contract worker, a principal, a commission agent, a partner, an intern and a volunteer.

The SDO protects members or prospective members of a club from sexual harassment and harassment on the ground of breastfeeding by the management of the club.

For more information on the enhanced protections from breastfeeding discrimination and harassment under the Sex Discrimination Ordinance (Cap. 480) and amendments to the Anti-discrimination Ordinance (2020-2021), please visit the Equal Opportunities Commission website.

The Code of Practice on Employment under the SDO

The Equal Opportunities Commission issued the Code of Practice on Employment under the SDO to increase the public’s understanding of the law and provide guidance on the procedures and systems that can help to prevent discrimination and to deal with unlawful acts in employment.

Furthermore, the EOC developed the Good Management Practice Series, which highlights the management functions related to equal opportunities and provide employers, senior management and human resource professionals with key points and practical advice to prevent workplace discrimination.

For more details, please visit the Equal Opportunities Commission website.

Source: Equal Opportunities Commission