EOC says ruling should be 'strong reminder' there is no place for pregnancy discrimination
A logistics company in Hong Kong has been fined over $920,000 after it was found guilty of discriminating against a pregnant employee in 2017.
The employee, surnamed Chow, was first hired by the organisation in 2007 before getting promoted as department head in March 2017. Shortly after her promotion, she discovered she was pregnant.
According to the employee, the logistics firm did not give her the year-end bonus and did not renew her contract right before her maternity leave.
The firm attributed the move to her bad performance as well as for cost-saving or operational purposes. The employee, however, believed it was because of her pregnancy.
She took the matter to Hong Kong's Equal Opportunities Commission (EOC), who provided legal assistance to the employee and represented her during the trial.
Court sides with employee on discrimination
Hong Kong's District Court ruled in favour of the employee, according to the commission. The court ordered the logistics firm to pay its former employee a sum of HK$306,680 for loss of income, as well as a year-end bonus of HK$489,500, both with interest.
The firm was also ordered to pay the employee HK$130,000 for injury to feelings, as well as the legal costs incurred by the employee.
A representative from the EOC welcomed the court's decision in a statement, saying it is a "strong reminder" for employers that there is no place for pregnancy discrimination in the workplace.
"It is essential for employers to avoid making assumptions about the abilities of pregnant women in carrying out their job duties, and take active steps to foster inclusive, family-friendly work environments that enable all employees to thrive," EOC chairperson Ricky Chu Man-kin said in a statement.
Pregnancy discrimination in Hong Kong
Hong Kong has a Sex Discrimination Ordinance (SDO) that protects women from discrimination in workplaces, such as dismissing them on the grounds of pregnancy.
According to Chu, the EOC has received 223 complaints of pregnancy discrimination between 2020 and 2022, equivalent to 23% of the total complaints logged under the SDO during the period.
"For years, pregnancy discrimination remains the second-highest number of complaints lodged under the SDO," the EOC chair said.
To address the issue, Chu said the commission is calling for stronger anti-discrimination ordinances.
"Specifically, we have suggested the introduction of a statutory right for women to return to their work position after maternity leave under the Discrimination Law Review, the report of which was submitted to the Government in March 2016," he said.
