2 February 2011
1. Who can be the subject of unlawful discrimination?
In the employment field, job applicants and employees maybe the subject of unlawful discrimination. Principals may also be liable for unlawful discrimination against contract workers.
2. In what aspects can an employer engage in unlawful discrimination against a job applicant?
It is unlawful for an employer, in relation to employment at an establishment in Hong Kong, to discriminate against a job applicant:
- in the arrangements the employer makes for determining who should be offered that employment,
- in the terms on which the employer offers that person employment, or
- by refusing, or deliberately omitting to offer, the person employment.
3. In what aspects can an employer engage in unlawful discrimination against an employee?
It is unlawful for an employer, where the employee is employed by the employer at an establishment in Hong Kong, to discriminate against that employee:
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- in the terms of employment afforded to the employee,
- in the way the employer affords the employee access to opportunities for promotion, transfer or training, or to any other benefits, facilities or services, or by refusing or deliberately omitting to afford the employee access to them, or
- by dismissing the employee, or subjecting him/her to any other detriment.