Hong Kong: Anti-discrimination Law to be amended
The Discrimination Legislation (Miscellaneous Amendments) Bill 2018 was tabled before the Legislative Council on 14 December 2018.
The Bill seeks to amend the Sex Discrimination Ordinance (SDO), the Disability Discrimination Ordinance (DDO), the Family Status Discrimination Ordinance (FSDO) and the Race Discrimination Ordinance (RDO):
- to introduce the prohibition of direct and indirect discrimination on the grounds of breastfeeding;
- to replace the references to “near relative” with references to “associate” in respect of race discrimination to extend the protection to a wider category of persons;
- to provide protection from direct and indirect racial discrimination and racial harassment by imputation;
- to expand the scope of protection from sexual, disability and racial harassment between persons working in a common workplace;
- to protect service providers from disability and racial harassment by customers;
- to provide protection from disability and racial harassment between service providers and customers where the acts of harassment take place outside Hong Kong but on Hong Kong registered aircraft and ships;
- to protect members or applicants for membership of a club from sexual and disability harassment by the management of the club; and
- to repeal provisions of the SDO, RDO and FSDO which prevent damages being awarded in an indirect discrimination claim unless the claimant can prove that the respondent intended to discriminate.
The Bill will be studied by a committee of the Legislative Council.
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