With effect from 19 June 2021, women in Hong Kong are protected from discrimination and harassment on the ground of breastfeeding.
As reported in a previous issue of Frontline APAC, the Discrimination Legislation (Miscellaneous Amendments) Ordinance 2020 ("Amendment Legislation") was enacted on 19 June 2020 and introduced certain changes to the Sex Discrimination Ordinance (“SDO”). Part 2 of the Amendment Legislation makes it unlawful to directly or indirectly discriminate against breastfeeding women. The effective date of Part 2 was delayed for one year until 19 June 2021.
During the debates on the Amendment Legislation, it was noted that Part 2 only dealt with discrimination against breastfeeding women and omitted to provide measures to prohibit harassment of breastfeeding women. The Sex Discrimination (Amendment) Bill (“SDO Bill”) was therefore gazetted on 31 January 2020 and passed by the Legislative Council on 17 March 2021 to provide for protections against harassment on the ground of breastfeeding. This also came into effect on 19 June 2021 under the Sex Discrimination (Amendment) Ordinance 2021.
The new protections now enshrined in the Sex Discrimination Ordinance, make it unlawful in the employment context to:
Ensuring employees understand these concepts is important to avoid any inadvertent acts of discrimination or harassment because it will not be an acceptable excuse for employees (or their employers) to say that they did not know that their acts were unlawful or that no harm was intended.
Employers can, themselves, be vicariously liable for the unlawful acts of their employees unless they can prove that they took reasonably practicable steps to prevent such acts. Such steps should include regular training for all employees that explains the types of conduct that are inappropriate in the course of employment, as well as circulating clear policies prescribing the types of behaviours that are prohibited. Managers should also set the right tone within their teams by cultivating a culture and promoting practices that treat breastfeeding women with respect and dignity.