Hong Kong
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under Hong Kong’s law.
Applicable Laws
The primary laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
- The Sex Discrimination Ordinance (Cap. 480),
- The Race Discrimination Ordinance (Cap. 602),
- The Disability Discrimination Ordinance (Cap. 487), and
- The Family Status Discrimination Ordinance (Cap. 527).
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Hong Kong.
- Race (including colour, descent and national or ethnic origin)
- Sex (including pregnancy and breastfeeding)
- Disability
- Marital status
- Family status
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Harassment
Harassment occurs where, on the ground of a protected characteristic, a person:
- engages in unwelcome conduct toward an employee, in circumstances where a reasonable person would have anticipated that the employee would be offended, humiliated or intimidated; or
- engages in conduct which creates a hostile or intimidating environment.
Sexual Harassment
Sexual harassment occurs where a person:
- makes an unwelcome sexual advance or request for sexual favours or engages in other unwelcome conduct of a sexual nature, in relation to an employee, in circumstances where a reasonable person would have anticipated that the employee would be offended, humiliated or intimidated; or
- engages in conduct of a sexual nature which creates a hostile or intimidating environment.
Filing a Claim in Hong Kong
A complaint related to employment discrimination or harassment may be filed with the Equal Opportunities Commission.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In Hong Kong, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.