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VII. Case illustration


Ms. A and Mr. B are a couple with a 10-year-old son. Their son suffered a leg injury some years ago which resulted in his left leg being taken apart. Recently, they have encountered some unhappy incidents at work, and in school, which they considered discriminatory.

  1. Ms. A works as a sales-coordinator in a food company. A new male colleague reported for duty last week with the job title of "administration officer". Ms. A knows that they are both doing administrative work, but with different job titles. The thing she considers unfair is that the salary of that male colleague is higher than hers by $2,000. Is this unlawful under the Sex Discrimination Ordinance?
  2. Ms. A's boss asked her to have sex with him when they were on a business trip in China. Is she protected under the SDO if sexual harassment takes place outside Hong Kong?
  3. A security guard near their home openly teases their son about his disabled leg. Is this unlawful under the Disability Discrimination Ordinance?
  4. Mr. B has been diagnosed with a respiratory illness and he needs to see a doctor regularly. His boss has since commented on his sick leave record, and the inconvenience caused to other colleagues during his absence. Just a month ago, he was hospitalized for one week due to his worsening health. When he returned to work, he was dismissed on the basis that he had taken too much sick leave. Is it unlawful for his employer to dismiss him because he suffers from a chronic illness and therefore requires regular medical treatment?
  5. Their son wants to participate in an extra curricular activity organized by a school club. However, the club believes that he may not be able to perform the activity due to his leg disability. Can the club refuse to allow him to participate in the activity?
  6. Their son has been teased by his classmates because of his disability. Is the school liable for acts of harassment and vilification committed by a student against another student with a disability?