Content 1.
Foreword
2.
Basic concepts and the four anti-discrimination legislations
3.
Procedures on responding to sexual discrimination and sexual harassments
4.
FAQ on responding to discrimination
5.
AAF significant case demonstrations
6.
Resources
6.1 Useful contacts 6.2 Online resources
Since 1997, the Association for the Advancement of
Feminism has set up a sex discrimination and legal advice hotline. Every year we handled hundreds of telephone inquiries and assisted in cases which involved dealing with employers, the EOC and the courts. We are familiar with the laws and a variety of complaint handling practices, and also aware of the difficulties
新婦女協進會 The Association for the Advancement of Feminism
1. Foreword
people will face discrimination. It is not common to have anti-sex discrimination hotline and support services, thus we hoped that through producing this pamphlet, we could record our experiences in handling sex discrimination cases and serve as a reference for the victims and others support groups. Legal protection is only one of the methods, we need to have multiple ways to prevent and treat sex discrimination incidents. We thus encourage the public to embrace the spirit of equality and justice, work together to fight against sex discrimination and create a gender friendly environment. The Chairperson of the Association for the Advancement of Feminism Sally Choi
5
2. Basic concepts and the four anti-discrimination legislations 2.1
What is discrimination?
2.2
What are the existing anti-discrimination legislations in Hong Kong?
2.3
What are the scopes under protection?
2.4
Is there any time frame for making a complaint?
Q:
What is discrimination?
A:
There are two forms of discrimination include direct
and indirect discrimination. Direct discrimination occurs when a person is treated less favourably than another under comparable circumstances because of his/her personal characteristic. Indirect discrimination occurs when a same requirement (rule, policy, practice, criterion or procedure) or condition, which
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2.1
cannot be justified is applied equally on all people but which has an unfair effect on a particular group because of their gender, marital status, family status, pregnancy or disability. 2.2 Q:
What are the existing anti-discrimination legislations in Hong Kong?
A:
The four anti-discrimination legislations include:
《性別歧視條例》1995 Sex Discrimination Ordinance (SDO) 《殘疾歧視條例》1995 Disability Discrimination Ordinance(DDO) 《家庭崗位歧視條例》1997 Family Status Discrimination Ordinance(FSDO) 《種族歧視條例》2008 Race Discrimination Ordinance(RDO)
7
2.3 Q:
What are the areas under protection?
A:
Different anti-discrimination legislation has different
protection areas. Take the Sex Discrimination Ordinance as example, the SDO offers protection in 7 areas, include: employment; education; provision of goods, facilities or services; disposal or management of premises; eligibility to vote for and to be elected or appointed to advisory bodies; participation in clubs; activities of Government. 2.4 Q:
Is there any time limit for making a complaint?
A:
Yes. The Equal Opportunities Commission accepts cases
that have been happened with 12 months; the District Courts accept cases happened within 24 months, exclusive the period under the Equal Opportunities Commission investigation.
9
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3. Sex discrimination/sexual harassment handling procedures What should I do if I experienced sex discrimination/sexual harassment?
6A. Company 1. Clear rejection
internal complaint system (employer)
2. Stay calm 6B. EOC
3. Detail recording 6C. District court 4. Gather evidences
6D. Police (for cases 5. Lodge a formal com-
involve criminal offence, e.g.
plaint
indecent assault)
Formal complaint – lodge a complaint according to the company complaint procedure
Handle by the EOC - Early conciliation
Success: reconciled Fail: lodge a formal complaint Complaint is substantiated: Internal punishment or reconciliation
Including written complaint and investigation by the EOC
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Informal complaint – Solve the dispute privately
Complaint could not be established Lodge a complaint to the EOC
Success
case close
Fail
Investigation begin
gather evidence through written responds
Fail：Seek legal assistance
Success→ Follow-up through legal channels (such as a lawsuit)
Success： Conciliation case close
Fail→ Apply for other forms of assistance, such as from Legal Aid Department
Early conciliation: Early conciliation is optional, both complainant and respondent can request to investigate before conciliation, please refer to 4.9 for further explanation.
11
4. FAQ on responding to discrimination 4.1 Clearly reject any forms of sexual discrimination and harassment Q: What should I do if I am being discriminated? A: Clearly reject and protest against any forms of discrimination, request to stop the offensive behaviour and demand for apology If the situation continues, you may send a letter to the infringer to stop the behaviour, and retain a copy of the letter. 4.2 Stabilise your emotion and do not blame yourself Q: I felt disgusted, having nightmares and do not want to go to work after the incident, am I overreacting? A: No, this is normal. Common reactions you may have include self-blaming, panic, insomnia, fear of work, cannot concentrate on work and even have depressive symptoms. 4.3 Seek help and support from your relatives and friends Q: I would like to discuss with my family and friends, but do not want them to worry about. A: peak out is a very positive behavior, you may also seek help and professional advise from anti-sexual discrimination hotline services, social workers, and clinical psychologists.
• Create a folder, save all the relevant information and records; • Record in words about the incident, including the date, time, venue, witness, prosecutor’s behaviour, and your reaction; • If the situation continued, record the details of every incident; • Take a photo or do a drawing to indicate the location of the involved parties; • Record in detail how the incident affected your emotion, living and work, and indicates the frequency of such influences.
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4.4 Record the details of the incident Q: I felt so released after telling the people I trust about the incident and I decided to launch a complaint. However, there was only me and the persecutor during the incident and the persecutor has a high social status, will other trust me? A: Many cases of sexual discrimination/harassment do not involve the presence of a third party. In any case, you need to have a detailed record of the incident to use as evidence:
4.5 Gather evidence and find a witness Q: If I have recorded the incident in detail, can I launch a complaint? A: • To protect yourself from being accused for false accusation, you may prepare documents which help to prove your work ability, including job evaluation report, and any emails and letters communication with your supervisor, etc. • May request your employer to issue proofs regarding any job evaluation, supervisor’s assessment and work requirement etc.
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• Find a witness who could testify for you 4.6 Seek assistance from employer if consider to resolve privately 4.6.1 Q: Can I try to resolve the incident private without making it publicised? A: Yes you can, there are two ways of launching a complaint: formal and informal. Informal complaint • Seek your boss (or anyone senior in a workplace) to be the mediator, and resolve the incident through private consultation. Formal complaint • Many organizations and institutions do have antidiscrimination policies, and procedure on launching a complaint against discrimination. • There could be mechanism in establishing a committee in handling complaints; you may seek the committee’s help for counseling service, change in work position and complaint referral etc.
Type of complaint
Pros
Informal
• • • •
Formal
• •
•
Cons
• Not punitive but compensatory Simple procedure, • more flexible Faster resolution encourage and create a more • friendly working environment •
May not be able to induce an alarming effect Difficult to implement many resolutions Company usually does not have formal recording The management may not be able to trace past records
Formal recording • The managers need to handle • the complaint • according to guidelines The prosecutor could be punished according to company regulation
Relatively complicate procedure Timely The handling approach may not match with the complainant’s needs, such as the possibility of not getting compensation Less flexibility in handling
•
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4.6.2 Q: Which type of complaint would be more appropriate? A: You may consider the comparisons listed below before making your decision:
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4.7 Three ways for launching a formal complaint 4.7.1 Q: Besides launching a formal complaint to your employer, do I have other choice? A: Yes, you may also consider the following three methods, 1) lodge a complaint to the EOC , 2) file a court case to the District Court, 3) report to the police.
Complaint channels
Pros
EOC
• • • • •
District court
• •
Police report
•
•
Cons
• Confidential Reconcile under EOC’s moderation Facilitate mutual • understanding and helps case assessment Documents could be used as court evidence If conciliation fails, EOC can help in providing legal • assistance •
Improve existing legislation Gain media and public attention
• •
You should report to police when involve any form of criminal activities, such as indecent assault, videotaping and distributing obscene messages The convicted harasser would bear criminal liability , with criminal record and punishment
•
• •
• •
Maybe not be able to get public pressure in helping to seek justice The outcome of reconciliation depends on both parties, it maybe timely when agreement could not be reached. EOC does not have any rights to adjudicate. Conciliation does not possess the power as court order EOC conciliation procedure is complicated and the successful rate is low
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4.7.2 Q: What are the differences? A: Comparisons as follow:
Litigation cost may be high If the case failed, may need to pay high court cost Timely Media attention may cause pressure The employer and EOC would stop their investigation after the case has been reported to the police Criminal cases require higher standard of proof than civil cases Criminal case investigation and public hearing may cause significant pressure on both parties
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4.7.3 Q:
What is the difference between indecent assault and sexual
harassment?
Indecent assault •
Criminal offence (police would •
Civil liability (collect evidence by
gather evidence, high standard of
victim , lower standard of proof,
proof , punitive conviction)
remedial)
•
Criminal intent
•
No specific relationship
•
Special
•
Sexual Harassment
protection
•
for
Does not consider the intent or motive
children •
In a specific relationship (such as
(children under 16 could not be
colleagues or schoolmates , refer
consentient)
to SDO section 23, 24, 39 and 40)
Feeling of victim is not a necessary •
No any special rule for protection of
condition
children under 16
•
Police investigation
•
No time bar in prosecection
•
The victim should feel offended, humiliated and threatened
•
Under EOC investigation or adduceevidencing and sue by victim
•
2-year recourse period
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4.8 Investigation after lodging a formal complaint Q: Once I decide to launch a complaint to the EOC, what information should I provide? A: The EOC requires the complainant must file a written complaint together with a complaint form, which include information as follows: • Details and dates involved • Your personal information (name, contact information, sex, state of pregnancy, or marital status, etc.) • Name of the respondent(s) (name of person or company) and contact information • Information supporting your claim of discrimination, sexual harassment or victimization; • Details of any detriment or emotional disturbance you have suffered because of the discriminatory actions; • Information on witness(es). If you have difficulties preparing a written complaint, the EOC staff can help you. The EOC would give a written reply to you, and consult you and the defendant for early conciliation. 4.9 EOC encourages early conciliation Q: What is early conciliation? A: Before formal investigation, EOC would consult both parties whether they would agree on early conciliation. If both parties agree, the EOC would start the conciliation process without investigation.
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4.10 Investigation and mediation 4.10.1 Q: How does the EOC investigate a complaint? A: Allegations by the complainant are sent to the respondent(s) for comment. Responses are then made available to the complainant. • Witness statements are taken and pertinent materials gathered to review to see if the case should be discontinued or proceed to conciliation. • All information gathered during the investigation stage is kept confidential from third parties but may be used in court proceedings. 4.10.2 Q: How does the EOC conciliate a case? A: • EOC would try to settle the matter through conciliation, this is to negotiate a settlement by both parties to the dispute.. • Settlement agreements are equivalent to contracts and are legally binding 4.10.3 Q: Is that the EOC could terminate the investigation? A: The EOC will decide not to conduct or to discontinue an investigation into a complaint if: • the act complained of is not unlawful under the SDO; • the aggrieved person does not desire to continue with the investigation; • more than 12 months have passed since the act was done; • the complaint cannot be appropriately pursued as a representative complaint; • the complaint is frivolous, vexatious, misconceived or lacking in substance.
Q:
What are the commons problems that I could encounter during
the investigation? A:
You may need to be prepared in facing the following problems:
Problems
Possible handling methods
I also could not get in touch with the investigator,
Lodge a complaint to the EOC regarding the
or the attitude of the investigator is not good.
investigator and request for a change
The conciliation officer always asked me
•
to lower the settlement terms during the conciliation
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4.10.4
Record the conversation between you and the conciliation officer
•
seek an explanation from the conciliation officer
•
Seek help or legal advice from nongovernmental organisations
Investigator’s questions are difficult to answer
Request the investigator to simplify or make clear the questions
time for responding too short
Request for a reasonable time arrangement
Responds to poorly organised information
Request the investigator to analyse according to existing legislations, and facilitate the complainant to understand the situation
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4.10.5 Q: What should I do if the EOC terminated the investigation? A: You could seek other forms of assistance: • You may seek help from the Legal and Complaints Committee of the EOC to ask for a change in investigator, reinvestigate your case or apply for legal assistance • Seek help from labour unions or organizations working on sexual equality • File civil suit to the district court
4.11.1 Q: What settlement terms can I ask for? A: Possible terms could be written or verbal apology, a transfer or re-employment, and financial compensation. There maybe victims requesting for better equality policy, such as enhancing organization/company’s equal opportunities policies and guidelines against sexual harassment. 4.11.2 Q: If the prosecutor denies giving an apology, could I insist? A: ay request, but the chance of success would not be high. The case of Ma Bik Yung v. Ko Chuen, in 2001, The Court of Final Appeal decided that the Court has the power to order a defendant to make an apology, even if the defendant is unwilling to apologize. However, the Court should only exercise such power in rare cases with exceptional circumstances, especially when the defendant is unwilling to do so. The Court needs to be satisfied that the apology order will redress the plaintiff’s loss and damage to some extent, and it is a reasonable act for the defendant to perform, after taking into account issues such as whether there are any alternative remedies, or whether the apology order will infringe the defendant’s rights to freedom of expression and of thought. If the defendant refuses to apologize, it is likely that the quantum of damages would be substantially increased.
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4.11 Settlement and compensation terms
4.11.3 Q: Will asking for financial compensation be seen as too greedy for money? A: It is your rights and is fair to ask for any forms of compensation that could compensate your lost. Even court ruling will also require the defendant to give financial compensation and the amount of compensation reflect the seriousness of the incident. You may use the compensation in many ways, such as donating to
23
certain non-governmental organization. There was once a case the victim thought the prosecutor has disrepute the school and request to compensate the school. 4.11.4 Q: How much is regard as reasonable compensation? A: Although the EOC is not a court, many parties would hire a lawyer to assist the mediation process. The amount of a claim for compensation should make reference to similar cases. A claimant does not need to show medical evidence of injury to feelings, and does not need to proof the seriousness of the injury in regards to the damage compensation. However, the higher the seriousness of the violations and negative impacts you can demonstrate, the higher the amount of compensation. Guidelines amount for injury to feelings compensation (applicable to any kinds of discrimination and harassment cases*): Case banding:
Compensation (Sterling Pounds)
Compensation (HK Dollars)**
Higher band 18,000-30,000 (For the most serious cases, for example where there has been a lengthy campaign of discrimination in particular sex and race discrimination)
221,400 - 369,000
Middle band (For serious cases that do not justify an award in the highest band)
6,000-18,000
73,800 – 221,400
Bottom band (For less serious cases, for example where there has been an isolated incident of discrimination)
500-6,000
6,150 – 73,800
* The above compensation rate is according to the judgment in the case of Da’Bell v NSPCC[2010] which has set out new Vento guideline figures with an increase to account for inflation. Further reference to L v David Roy Burton, paragraph 30.
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4.11.5 Q: Is the settlement agreement legally binding? A: Yes. The agreement is a contract between the two parties and is legally binding. All information gathered or heard during conciliation is kept confidential and will not be used for court proceedings.
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4.11.6 References: Different kinds of discrimination cases in comparison 4.11.6.1 Sexual harassment
Case nature
Yuen Sha Sha v Tse Chi Pan (DCEO 1/1998)
Comparison Date of judgment:
7 March 1999
Background:
• • •
Period under sexual harassment:
The Plaintiff and the Defendant were secondary school classmates and lived in the same university hostel The Plaintiff discovered the camcorder and found the images of her changing clothes and her bra can be seen from the tape A claim has been taken out by the Plaintiff against the Defendant under the Sex Discrimination Ordinance
Around half a year
The Defendant’s sexual • harassment acts: •
The Defendant put a camcorder in the Plaintiff’s room and recorded her images of changing clothes. The Defendant shared the images with another classmate
Harm done to the Plaintiff:
Felt violated, exploited, betrayed, humiliated and hurt. Afraid to change clothes in hostel room Unable to sleep alone in hostel room Unable to attend class for 2-3 weeks Weight lost 6 lbs
• • • • •
er
er
er
L v Burton (DCEO15/2009) 23 August 2010 • • • •
The Plaintiff worked for a marketing enterprise and the Defendant was a general manager The Defendant repeatedly touched the Plaintiff’s body and requested for having sex with the Plaintiff After the Plaintiff rejected the Defendant’s request, the Defendant fired her A claim has been taken out by the Plaintiff against the Defendant under the SDO
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nd
4.11.6.2 Sexual harassment
More than two months • • • • •
The Defendant put one hand on his private part and leered at the Plaintiff twice Stroked the Plaintiff’s thigh Touched the Plaintiff’s breast lightly Indicated that he wanted to have sex with the Plaintiff Dismissing the Plaintiff without reason
•
The Plaintiff was extremely distressed and humiliated towards the Defendant’s oppressive abuse The Plaintiff suffered anxiety, stress, humiliation The Plaintiff suffered from physical injury and insomnia
• •
27
Court’s holding:
• •
Assessment of damages and amount (HK Dollars):
• • • • • • • • • •
An act of sexual harassment which is rendered unlawful under s.39(3) of Part IV of the SDO has been committed A written apology from the Defendant
Injury to feelings ($50000) The Plaintiff indicated she was shocked, hurt, upset and distressed by the action of the Defendant. Exemplary Damages ($20,000) The betrayal and breach of trust The Defendant’s action occurred over an extended period of time The Defendant showed the video with images of the Plaintiff in a state of undress/nakedness to other people Aggravated Damages ($10,000) The Defendant’s conduct of prolonging the settlement of the matter and failing to tender apology until the last minute The two telephone calls to the Plaintiff on the day before the hearing with the aim of putting pressure on her to abandon her claim against him. Resulting in further distress to the Plaintiff
Banding of injury of feelings:
N.A.
Total quantum (HK Dollars):
$80,000
An act of sexual harassment has been committed
• • • • • • •
Injury to feelings ($100,000) Same as above “the damages” Loss of earnings ($77,039) The Plaintiff was able to get a claim equals to the salary of 5 months and 14 days This counted the Plaintiff’s unemployment period Exemplary Damages ($20,000) Compensatory award is insufficient to punish the Defendant for his outrageous conduct, and a claim of $20,000 to the Plaintiff is appropriate
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•
Middle Band
$197,039
29
案件類型
Case nature
4.11.6.3 Pregnancy discrimination Chan Choi Yin v Toppan Forms (Hong Kong) Ltd (DCEO 6/2002)
比較項目 Comparison Date of judgment:
3 March 2006
Background:
• •
• • • • • • The defence
• • • • •
The Plaintiff has been employed as Account Manager in Defendant’s company since 1997. Management attitude became hostile and less favourable treatm after she became pregnant, had a miscarriage and took pregna related sick leave and maternity leave before and after child between 1998 and 2000 Required to work and return office during sick leave and bl storm warnings. The Plaintiff has been transferred to another team and later b demoted, which led to a decrease in salary Derogatory and insulting remarks made by senior managem staff during her pregnancy The Plaintiff has lodged a complaint to the EOC, later the defen requested the Plaintiff to withdraw her complaint at the EOC or would be dismissed The Plaintiff was dismissed in 2000 Sued the company under SDO
Denied that the Plaintiff’s salary package was reduced Transfer to another team was an usual management decision The Plaintiff’s relationships with her colleagues and the clients w poor, therefore warning letters were issued Denied any of its staff had ever made any derogatory remark the Plaintiff’s pregnancy The reviews were targeting the Plaintiff’s work performance ability
28 October 2002 Appeal judgment: 29 November 2004
in the
•
atment nancy ldbirth
•
black-
•
being
•
ement
•
endant or she
•
n s were
•
The Plaintiff was a registered social worker, and the Defendant was an elderly home which the Plaintiff has applied for the post of supervisor. The Plaintiff has indicated her pregnancy during the interview. The Interviewer was satisfied with her qualification and both sides have signed the employment contracts. The Plaintiff has resigned from her original work a week before the start of the new contract but she was called by the Defendant and rescinded the contract on the same day. The Defendant told her that after discussion with other directors, because she was pregnant she was not suitable for the job. Besides, upon the plaintiff to lodge a complaint with the EOC, The defendant deliberately making false report to the police claiming the Plaintiff has provided false information when she applied for the employment Sued the company under the SDO
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4.11.6.4 Pregnancy discrimination Yuen Wai Han v South Elderly Affairs Ltd (DCEO 6/2001) Yuen Wai Han v South Elderly Affairs Ltd (Appeal) (CACV 172 /2003)
The Defendant claimed the decision for the rescission was based on the fact that she was inexperienced and did not know how to handle applications for social welfare allowance.
rks on
e and
31
Court’s holding:
• • •
Assessment of • damages and amount • (HK Dollars): • • • • • •
Banding of injury to
A legitimate inference can be drawn that the Plaintiff had discriminated because of her pregnancy. The Defendant has failed to give reasonable and ade explanation. The Defendant is liable under s. 8 & 9 of the SDO should be for the damages.
Loss of Earnings ($164,505.20) Assuming the amount earned by the plaintiff without dismissa Further Loss of Earnings ($179,650.95) A claim of 6 months salary loss of the Plaintiff’s Injury to feeling($200,000.00) 2 years of unfavourable and discriminatory treatments Deprived of a favourable reference for the 3 years during the proceeding Appropriate amount to the higher end of the middle band
Highest Band
feelings: Total quantum (HK
$544,156.15
Dollars):
* According to the three bandings of Injury of feelings from Vento v Chief Constable of
this case should not be classified under Bottom band, but in-between Middle and Bot
•
equate
•
be paid
•
sal
he legal
• • • • • • • • •
The Defendant’s malicious conduct in making unfounded allegations against the Plaintiff to the police. The defendant refers to the plaintiff’s lack of experience was the only reason for the cancellation of contract The Plaintiff’s pregnancy was at least one of the reasons for the rescission of her contract The Defendant had discriminated against the Plaintiff directly under SDO. Loss of Earnings ($62,500) Assuming the amount earned by the plaintiff without resigning from the original job Injury to feeling ($62,500) The Defendant’s malicious conduct in making unfounded allegations against the Plaintiff to the police, which had further intensified her sufferings in the incident. Pregnancy discrimination is a very serious offense, the amount of compensation normally would noe be less than the $ 50,000, this reflects the court’s determination on protecting pregnant women. Punitive Damages ($30,000) Same reason as above The amount has decreased to $10,000 after appeal
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d been
Middle Band
$155,000, After appeal $135,000
of West Yorkshire Police [2003] 1 RLR 102 (£500-5000, £5000-15000, £15000-25000),
ottom Band.
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Case nature 4.11.6.5 Disability Discrimination K & Ors v Secretary for Justice DCEO 3, 4 and 7/1999 Comparison Date Judgment:
of
Background:
28 September 2000
•
•
•
The defence:
• •
Court’s decision:
• • • • •
Three Plaintiffs in this case, namely K, Y and W, applied for the posts of ambulance man, fireman and customs officer respectively in the Fire Services Department and the Customs and Excise Department. The Plaintiffs’ offers of employment were either withheld or terminated following offers of conditional employment because they had a parent with mental illness. Each of these three claims was commenced under s 72 of the Disability Discrimination Ordinance (DDO), seeking damages and other relief for the Government having committed an act of discrimination against the plaintiff.
It was a common ground for the government to reject the application if the applicant has parent having a history of inherent mental disorder The plaintiff could not fulfill the requirement on the interests of public safety.
the safety to fellow employees and members of the public was agreed to be an inherent job requirement for all the three positions above No all applicants with a family history of mental disorder were rejected for employment The general risk for developing mental illness for current employees is the same as the plaintiff the court regards the disciplinary forces have accepted such risk from their employees the Departments’ discriminatory acts could not be exempted and hence were unlawful
Assessment of damages on earnings and welfare - The Court tried to put the Plaintiffs into the position they would have been if there were no unlawful discriminatory acts Past loss of earnings (including interest)
106,510.28
96,939.54
97,884.13
Future loss of earnings
194,224.00
114,300.00
42,480.00
Loss of housing benefit
299,400.00
267,300.00
409,860.00
Loss of pension benefit
262,009.00
168,996.00
314,432.00
• •
Total quantum
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Assessment of damages and amount: (HK Dollars):
Damages for injury to feelings had been the injury has been prolonged by the defence and attitude of the Departments K
Y
W
Damages for injury to feelings
100,000.00
100,000.00
150,000.00
Interest thereon (11.5%)
23,000.00
28,206.94
46,478.70
K
Y
W
985,143.28
775,742.48
1,061,134.80
(HK Dollars):
35
4.12 Seek legal aid when conciliation failed Q: If the conciliation failed, would the EOC offer any further help? A: • you may consider issuing legal proceedings, and apply to the EOC for assistance • The EOC Legal and Complaints Committee would decide whether your case would grant assistance • Factors affecting the decision include whether the case raises a question of principle; and whether the case is so complex that it is unreasonable to expect persons to deal with them unaided.
5.1
University New Student Orientation (2002)
During an orientation camp for new students at the Chinese University of Hong Kong, some students were shouting obscene slogans and the complainant felt offended. She then wrote a complaint letter to the CUHK Committee on Sexual Harassment Policy, and also sought help from AAF. AAF has provided various forms of assistance to the complainant during the complaint process , such as pro bono legal assistance, accompanied to meet with the Convenor of the Panel Against Sexual Harassment and the investigation team, helped in moving to another hostel to avoid hostile non-physical attack by other residents, accompanied the complainant to meet with the EOC chairperson who successfully started the informal investigation, and EOC organized an university sexual harassment forum
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5. AAF significant case demonstrations
Follow-up action: • AAF continued to strive for the expansion of the protection area under sexual harassment definition to include learning environment; the relevant legislative amendments have been entered into force in October 2008 • AAF has developed a checklist on monitoring the sexual harassment policy of the universities. These three years we have been regularly monitoring the 8 tertiary institutions by using the checklist, and the findings have been announced publicly.
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5.2
Female teacher cracking the “Dress” code (2007)
During her employment as a secondary school teacher at the HKCWC Fung Yiu King Memorial Secondary School, the complainant did not dress in skirt as the school required. Because of this, the complainant has been repeatedly criticized and forced to resign. She lodged a complaint to the EOC but the school refuse to settle . The complainant later filed a case to the District Court on the ground of the school violating the SDO. After three years, the school finally agreed to settle , and has apologized and compensated the complainant. Complainant’s voice: “I am particularly grateful to the AAF for providing me with legal consultancy service and other assistance during the investigation, including accompanied me to meet the EOC investigator and helped me to fight for legal assistance by the EOC. With the support from AAF, I was able to fight for equality and justice, and finally resolved the dispute. As recipients, I deeply experienced the crucial role played by NGO in the fighting for justice and anti-discrimination.
Sexual harassment in the catering industry (2008)
During her employment as a cashier at The Hui restaurant, a male coworker often intentionally touched her breast with his hand and called her “big boobs”, and she felt humiliated. “I have complained to my boss. However my boss did not take any appropriate action, She even asked me not to call the police. Afterwards my boss did not handle my complaint at all and the situation got worse, I was finally dismissed by the boss.” The complainant lodged a complaint to the EOC accusing the company for the lack of policy prohibiting sexual harassment. However the complainant did not know how to give written replies during the investigation. She later sought AAF’s legal assistance, AAF explained the main points of EOC questions and accompanied her to meet the investigator. Finally she successfully got the assistance from EOC in bringing the case to court.
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5.3
39
6. Resources 6.1 Useful contacts Organisation 1. Equal Opportunities Commission
Contact 2511 8211
The Equal Opportunities Commission (EOC) is a statutory body to implement the four anti-discrimination ordinances. A specific function of the EOC is to deal with complaints of discrimination, harassment and vilification under the ordinances. 2. The Association for the Advancement of Feminism Antidiscrimination legal consultation service
2708 3600
Advocate and campaign on women’s rights and gender equality. Please further contact for information on discrimination regarding sex, pregnancy, marital status, family status and sexual harassment. 3. Association Concerning Sexual Violence Against Women RainLily
2375 5322 (24 hrs)
Hong Kong's first rape crisis center with a 24 hours hotline providing one-stop service for the victims of sexual harassment and sexual abuse. 4. Hong Kong Confederation of Trade Unions
2770 8668
Campaigns and lobbies on labour rights, has been fought for the case on pregnancy discrimination. 5. Hong Kong Unison
2789 3246
A non-governmental organisation to service Hong Kong’s Ethnic Minority Residents. Please further contact for information regarding racial discrimination. 6. Rehabilitation Alliance Hong Kong
2337 0826
Co-ordinate all categories of people with disabilities to fight for “Full Participation and Equal Opportunity” in social affairs. Please further contact for information regarding disability discrimination.
Organisation
1. Equal Opportunities Commission (Hong Kong)
Website
http://www.eoc.org.hk
新婦女協進會 The Association for the Advancement of Feminism
6.2 Online resources
EOC is the statutory body to implement the four anti-discrimination ordinances. You may lodge a complaint to the EOC and the EOC would investigate and facilitate conciliation among involved parties. The EOC website provides information on the four anti-discrimination ordinances, including the rights of the publics, Code of Practices, online courses on handling sexual harassment in workplace and school, and local and overseas discrimination cases.
2. The Association for the Advancement of Feminism (Hong Kong)
http://www.aaf.org.hk/
Advocate and campaign on women’s rights and gender equality. Please further contact for information on discrimination regarding sex, pregnancy, marital status, family status and sexual harassment. AAF website further provides teaching materials on gender equality, organization activities, news and updates. You may also visit the Youtube channel on the forum on sexual harassment in university (19 June 2009): http://www.youtube.com/user/HKAAF38
3. Expert Advice on Equal Opportunities (United Kingdom)
http://www.aboutequalopportunities.co.uk/
Advisory on equal opportunities in everyday life, detailing public rights and examining the impact of discrimination on people, policy and society.
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6.2 Online resources Organisation 4. Equality and Human rights Commission (United Kingdom)
Website
http://www.equalityhumanrights.com/
A single law-enforcement Commission acting as one source of information and advice on human rights and tackle discrimination on multiple levels.
5. Australian Human Rights Commission (Australia)
http://www.hreoc.gov.au/
An independent statutory organisation aiming to raise public awareness on human rights and equality issues, to implement discrimination and human rights laws, and handle discrimination and human rights complaints. The website includes detailed information on the cases and other educational information.
6. Modern Women’s Foundation (Taiwan)
http://www.38.org.tw/Page_Show.asp?Page_ ID=340
Offers woman victims and public professional information and service in legal and medical service, and methods to avoid sex discrimination and harassment in workplace and school.
The Association for the Advancement of Feminism We are a women’s advocacy group in Hong Kong, The Association for the Advancement of Feminism (AAF) 新婦女協進 會. We have been active in promoting greater gender equality and fighting for women’s rights in Hong Kong since 1984. We closely monitor public and social policy that affect women’s rights and gender equality, and make our voices heard through research, advocacy, publication and community action and education. AAF provides free legal consultation service for those who suspected to have experience unequal treatment or discrimination due to their gender. Hotline: 27083600 AAF has also set up a Women Resources Centre, providing information on various women’s issues. Enquiry: 27200891. Online resources support: http:// womenresources.org/ G/F, No. 119 Lei Yeung House, Lei Cheng Uk Estate, Cheung Sha Wan, Kowloon. Tel.: 27200891 Fax: 27200205 Email: aaf@aaf.org.hk Website: www.aaf.org.hk
Published by: The Association for the Advancement of Feminism Editorial Committee: Chong Yiu-kwong, Choi Wing-sze, Au Mei-po, Hui Pui-lam Design: Ah 7 Publishing Date: November 2011 Acknowledgement: The Marden Foundation for sponsorship