Anti Discrimination Law Hong Kong: Comparative Study of Global Legal Developments
- Anna Lau
- Aug 9, 2021
- 4 min read
Updated: 5 days ago
Author: Anna Lau, Litigation Partner
Anti Discrimination Law Hong Kong remains a central pillar of the city’s legal framework, reflecting broader global efforts to promote equality and fairness. Comparative developments across jurisdictions demonstrate both progress and ongoing challenges in addressing discrimination in employment, public life, and corporate environments.
“Prejudice is a burden that confuses the past, threatens the future, and renders the present inaccessible.” – Maya Angelou
Introduction
Anti-discrimination laws have often been hailed as the pillar of progress. At present, there are four (4) major legislation in Hong Kong that addresses anti-discrimination on the grounds of sex, pregnancy, marital status, disability, family status and race. These legislations include:
Major Anti-Discrimination Developments 2020 to 2021
That having been said, it should be noted the fight against anti-discrimination is a continuous one and many have come to question whether our existing laws are adequate.
Hong Kong SAR
Amendments to the Sex Discrimination Ordinance (SDO) in June 2020 included provisions that declared the discrimination or victimisation of breastfeeding women during employment illegal.
On 18 September 2020, the High Court prevented unlawful discrimination against same-sex married couples by recognising a same-sex partner as a surviving spouse under the Intestates’ Estates Ordinance (Cap. 73).
United States (USA)
President Biden signed an Executive Order preventing discrimination or harassment on the basis of sex, sexual orientation, or gender identity in school campuses on 8 March 2021.
Montana enacted legislation on 7 May 2021 adding vaccination status as a protected category under its Human Rights Act.
On 27 May 2021, the US passed the Pregnant Workers Fairness Act, requiring employers to accommodate employees affected by pregnancy or related conditions.
England (UK)
In Allay (UK) Ltd v Gehlen, it was held that employers must keep training up to date to rely on the defence of taking reasonable steps against discrimination.
In Price v Privy Council [2021], the tribunal held that differences in pay treatment between adoption leave and shared parental leave were not discriminatory due to material factual differences.
France
The French Court of Cassation held that dismissing an employee for wearing a headscarf to maintain corporate image is discriminatory without a neutrality policy.
France also introduced a gender pay equity law, requiring companies to publish their gender equality score.
An anti-discrimination platform was launched to assist victims and connect them with legal support.
Germany
In May 2020, Berlin introduced legislation targeting discrimination by public authorities.
Germany implemented the Second Leadership Positions Act (FüPoG II), introducing gender quotas in management.
A 2021 decision reinforced that unexplained pay disparities may support a presumption of gender discrimination.
South Korea
An anti-discrimination bill in 2020 sought to protect the LGBTI community.
Amendments to employment legislation introduced procedures addressing workplace discrimination and harassment.
The death of a transgender soldier prompted renewed calls for reform.
Japan
In March 2021, the Sapporo District Court held that failing to recognise same-sex marriage violates the constitutional right to equality.
LGBT advocacy groups subsequently called for legislative reform.
Singapore
The Ministry of Manpower introduced anti-discrimination obligations for employment agencies.
Corporate leadership discussions highlighted the importance of gender diversity at board level.
China
A landmark ruling in 2020 recognised discrimination against a transgender employee as unlawful.
In 2021, survey data highlighted the need for improved corporate inclusion practices.
India
The Medical Termination of Pregnancy Amendment Bill 2021 expanded access to abortion.
Government guidance promoted improved maternity protections and flexible work arrangements.
Conclusion
As demonstrated above, while significant progress has been made, further development in anti discrimination law is expected globally, including:
Greater recognition of gender identity discrimination in the workplace.
Enhanced protections for pregnant employees and caregivers.
Improved safeguards for the LGBTI community, particularly in Asia.
Stronger obligations on public authorities to address systemic discrimination.
Expansion of protections relating to personal health decisions.
How Ravenscroft & Schmierer Can Help?
Ravenscroft & Schmierer advises individuals and businesses on the legal framework governing Anti Discrimination Law Hong Kong, including compliance with statutory obligations and risk management in workplace practices. The firm provides guidance on employment policies, regulatory developments, and dispute resolution relating to discrimination issues. Organisations seeking further information may contact us.
FAQ: Anti Discrimination Law Hong Kong
What laws govern anti-discrimination in Hong Kong?
Hong Kong’s main anti-discrimination laws include the Sex Discrimination Ordinance, Disability Discrimination Ordinance, Family Status Discrimination Ordinance, and Race Discrimination Ordinance.
What types of discrimination are prohibited in Hong Kong?
Discrimination based on sex, pregnancy, marital status, disability, family status, and race is prohibited under Hong Kong law.
Have there been recent developments in anti-discrimination law?
Yes. Recent developments include protections for breastfeeding employees and legal recognition of same-sex partners in certain contexts.
How does Hong Kong compare to other jurisdictions?
Hong Kong’s framework is relatively structured, though other jurisdictions have expanded protections in areas such as gender identity, vaccination status, and corporate diversity requirements.
Why is anti-discrimination law important for businesses?
It helps ensure fair workplace practices, reduces legal risk, and aligns companies with regulatory and societal expectations.
How can Ravenscroft & Schmierer assist with anti-discrimination compliance?
Ravenscroft & Schmierer works with businesses to review policies, identify risks, and implement compliant workplace practices aligned with Hong Kong law.
Why work with Ravenscroft & Schmierer on employment and discrimination matters?
Anti-discrimination compliance requires careful attention to legal obligations and evolving standards. Ravenscroft & Schmierer supports organisations in managing these risks with practical and commercially focused guidance.
This article is co-authored by Joshua Chu from ONC Lawyers
Disclaimer: Whilst every effort has been made to ensure the accuracy of this article it is general in nature and does not constitute legal advice of any kind. You should seek your own personal legal advice before taking legal action. We accept no liability whatsoever for loss arising out of the use or misuse of this article.
For specific advice about your situation, please contact:
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