1.

Major discrimination laws in HK

i. Disability Discrimination Ordinance
- cannot reject a disable candidate even his/her disability can affect job
performance  need to hire them if there can be reasonable (including
affordable) accommodation (e.g. aids)
ii. Sex Discrimination Ordinance
- gender, marital status, pregnancy
- e.g. only provide pregnancy leave to legally married women
- apply to all employers in HK except where their employees work for HK
companies but work outside HK
iii. Family Status Discrimination
- E.g. you are a female and they think you have to sacrifice time to take care
of family
iv. Racial Discrimination Ordinance
- Direct: treat a person from a particular race less favorably
- Indirect: impose a requirement that is more difficult from a particular race
to meet and not justifiable on non-racial grounds
2. What is sexual harassment
- Harassment on the basis of sex
- Purpose or effect of substantially interfering with a person’s work
performance/ create a hostile or offensive work environment
- Form 1: verbally
- Form 2: creates sexually hostile environment (not necessarily targeting a
particular employee)
3. Prove of Sexual Harassment
- Rejection adversely affects employee’s tangible benefits such as raises and
promotion
- Behaviors that substantially affect employee’s emotional and
psychological ability to continue the job

4. What shd employers do

- Policy against sexual harassment

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 - Compliant procedure
- Management responses procedure (includes immediate reaction and
investigation)
- If CEO is involved  board of directors shd come in + independent
outside investigator
5. Equal Opportunities Commission
- Investigates non-compliance with the laws
- Provide employers with a code of practice
- Best defense?  Genuine Occupational Qualification
 Requirement needs to be reasonably necessary for the job
requirement
6. Factors of Unethical Behaviors
- Bad apples (people)
- Bad cases (situation)
- Bad barrels (company environment)
7. Ensure ethics in disciplining employees
- Clear rules and regulations (shd be applied consistently across employees
and time)
- Progressive penalties (consistent across employees and time)
- Appeal process (fair and impartial)
8. Standards of Ethical HR practices
- Fair treatment (if theres 1600 child care  shd also treat those not having
kids too like providing 1600 work/life balance)
- Result in Greatest Good for the Largest number of people
- Respect basic human rights (e.g. AI collection of info on SNS  violated
privacy issues? Is that 100% true? Permission get?)

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