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DID YOU KNOW?
www.adesiflava.com
you “ Didknow… that it is unlawful for an employer to discriminate against a job applicant on the ground of her pregnancy by withdrawing a job offer made to her?
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mployers have a responsibility towards the well-being of their employees. This includes providing them a safe, fair and equitable place of work. It is no secret that an employee who is justly treated and has equal opportunities for growth, development and reward is a more loyal, productive and creative member of the team. It is incumbent upon every employer, no manner the size and nature of business, to have policies in place that take care of the requirements of the law. Employers can go beyond the mere requirements of the law to create harmonious workplace environments by putting in place efficient grievance handling mechanisms, employee support groups, team building activities etc. One area of discrimination in employment seen quite often is pregnancy discrimination. Employers must understand the law and make sure their policies reflect these laws. More importantly, all staff must be made aware of these laws and policies as acts of discrimination performed by
employees may lead to the company too being vicariously responsible for these.” Case: Jenny* was offered a position as a manager with a financial company. She was requested to undergo a medical examination. On the day Jenny went to the office to collect the notice of medical examination, she disclosed that she was pregnant. According to Jenny, the company withdrew the offer consequently. Although the company informed the agent which had arranged for the recruitment that the recruitment had been suspended, Jenny did not believe it as she found a similar job position in the same company advertised after the withdrawal of the offer. Jenny lodged a complaint with the Equal Opportunities Commission against the company for pregnancy discrimination. The case was settled through early conciliation and a settlement was agreed upon.
“The Law: Under the Sex Discrimination Ordinance, it is unlawful for an employer to discriminate against a job applicant on the ground of her pregnancy.” *Not her real name. Pregnancy discrimination means treating a woman less favorably on account of her pregnancy. The Sex Discrimination Ordinance protects a woman from pregnancy discrimination in various areas including employment and provision of goods, facilities and services. Under the Sex Discrimination Ordinance, it is unlawful for a Hong Kong establishment to subject a woman to a disadvantage or dismiss her
on the grounds of pregnancy. This applies to all kinds of work including contract work. While the case of Jenny relates to recruitment, pregnancy discrimination covers all aspects of employment. Under the law, employers are not allowed to: • Refuse to hire a woman because of pregnancy. • Limit a worker's transfers or training options because she is pregnant. • Fire or force a worker to leave because she is pregnant. • Fire a woman on return from maternity leave. • Take away credit for service because of maternity leave.
