Page 57 - Mini-Module 9

Sex Discrimination

Discrimination on the basis of sex, marital status and pregnancy, and
sexual harassment are made unlawful under the Sexual Discrimination
Ordinance. These protections are in seven different fields, namely
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, and
activities of Government. The law applies to both males and females.
Direct discrimination occurs when a person is treated less favorably
than another person of the opposite sex, with a different marital
status, or who is not pregnant. Pregnancy discrimination can occur if
an employee is terminated at the end of maternity leave.

Indirect discrimination occurs when a condition or requirement, which
is not justifiable, is applied to everyone but in practice adversely
affects persons of a particular sex or marital status, or those who are
pregnant.

It is unlawful for an employer to discriminate against a job applicant or
an employee on the basis of sex. However, if a person's sex is a
genuine occupational qualification (GOQ) for the job, it is then not
unlawful. That is, if the job can only be done by a male or a female.
The GOQ must show that the job can only be done by a particular sex
for essential reasons.

Sexual Harassment
There are two forms of sexual harassment under section 2 of the Sex
Discrimination Ordinance. The first is any unwelcome sexual behavior
or conduct which is offensive, humiliating or intimidating.

The second form can be a working environment where there are
actions, languages or pictures that are of a sexual nature that makes it
hard for you to do your work. This is called "a sexually hostile working
environment".

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