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 anti-discrimination law of Hong Kong’: https://www.bdo.com.hk/en-gb/insights/publications/phd-flyer/what-can-employers-do-to-comply-with-the-anti-discrimination-law-of-hong-kong