The Complaint
Mrs. Ng, an executive at a financial institution, had to rush her son to a hospital at midnight in August, where he was diagnosed of acute respiratory disease. Since the child¡¦s condition was critical, the doctors advised Mrs. Ng to immediately admit him.
Early next morning, she sent a text message to her supervisor and colleagues, informing them of her absence from work to take care of her son. Later in the day, the doctors informed her that her son needed to stay in the hospital for a few more days. She called her supervisor in the evening to request for another day off, but he curtly asked her whether she wanted her job or her family.
When Mrs. Ng went to work the next day she was asked to go to the conference room where her supervisor chided her. Two hours later, she received a phone call from the hospital asking her to see the doctor immediately as her son¡¦s condition had deteriorated. She requested her supervisor for an urgent leave but was denied. Left with no choice, she handed in her resignation and left.
Mrs. Ng later lodged a complaint with the Equal Opportunities Commission (EOC) against the supervisor for discriminating against her and the company for being vicariously liable for the act of her superior.
What the EOC did
Upon receiving the letter from Mrs. Ng, the EOC¡¦s case officer notified the company about the complaint and proposed a date for early conciliation. Both parties agreed for early conciliation and an agreement was reached. As demanded by Mrs. Ng, the company provided a reference letter for her and also waived the payment, which she was supposed to make, in lieu of the notice period for leaving employment. Mrs. Ng decided not to pursue a case against her supervisor since he left the job after she filed a complaint with the EOC.
What the law says
People like Mrs. Ng are protected in Hong Kong under the Family Status Discrimination Ordinance (FSDO), which makes it unlawful for a person or an organization to discriminate against any individual on the basis of his/her family status. The FSDO explains family status as a person¡¦s responsibility to take care of an immediate family member¡Xa person related by blood, marriage, adoption or affinity.
In this case, Mrs. Ng was discriminated because she was denied an urgent leave despite having a responsibility to look after her son, whom the law describes as her relative by blood.
Source: Equal Opportunities Commission
Updated: April 2009