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Job discrimination refers to unfair treatment of employees or job applicants based on irrelevant prerogatives such as race, gender, age, nationality, religion, or disability. In Sai Ying Pun, Hong Kong, like other districts, these unfair practices are against the law. The primary pieces of legislation regarding job discrimination are the Sex Discrimination Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance, and Race Discrimination Ordinance. All, in essence, exist to protect individuals from unfair treatment in any job-related aspect including hiring, promotion, remuneration, or termination.
If you believe that you have been victim to unfair treatment in your workplace, a lawyer specializing in job discrimination can offer you advice, represent you in negotiations or at tribunals. If you are facing harassment, wrongful termination or being overlooked for promotions due to discriminatory practices, a lawyer can help you understand and exercise your rights. A job discrimination lawyer can also aid in filing complaints and representing you during proceedings of the Equal Opportunities Commission (EOC) or in court.
At the heart of anti-discrimination law in Hong Kong are four ordinances - The Sex Discrimination Ordinance, The Disability Discrimination Ordinance, The Family Status Discrimination Ordinance, and The Race Discrimination Ordinance. Collectively, these ordinances prohibit workplace discrimination based on sex, marital status, pregnancy, disability, family status, and race. Employers found guilty of such discrimination practices may be held legally accountable and may be required to provide compensation to victims.
Any sort of unfair practice or treatment in the workplace based on sex, marital status, pregnancy, disability, family status, or race is considered job discrimination.
Proof of job discrimination can come in different forms like emails, messages, testimonies, inconsistent hiring practices, or suspicious timing of certain actions. A lawyer can help you gather and present this evidence.
If victimized, you have a right to file complaints with the employer, the EOC, or even take legal action. Compensation can include lost wages and emotional distress damages.
No. The local law includes protections against retaliation for those who report job discrimination or participate in an investigation or proceeding.
No. The Hong Kong job discrimination law covers full-time and part-time employees, contract workers, job applicants, and even in some cases, former employees.
The Equal Opportunities Commission (EOC) is the primary body that handles job discrimination cases in Hong Kong. They offer legal advice and help in resolving complaints through conciliation. Community Legal Information Centre (CLIC) also provides information about discrimination laws and personal rights on their website. Non-government organizations such as Hong Kong Unison, Civic Party, or The Hong Kong Federation of Women's Centres also provide support platforms.
If you believe that you are a victim of job discrimination, start by gathering all evidence related to the discriminatory practice. Consult with a lawyer to understand your rights and potential courses of action. To file a complaint, you can contact the EOC or your lawyer can guide you through the process. It's important to act promptly as there are time limits for claiming discrimination under the local ordinances.
