Unwelcome sexual advances or remarks at the workplace constitute sexual harrassment, even towards FDHs |
The Equal Opportunities Commission said today, Mar 1, that it filed a case for sexual harassment at the District Court on behalf of a foreign domestic helper who said she had been harassed by her former employer on a number of occasions.
According to the EOC,
among the acts that the FDH had complained about was her employer coming up
close to her to sniff her hair and body after she had taken a shower.
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The claimant also said the respondent employer repeatedly asked her to have sex with him and uttered other vulgar sexual remarks, like asking her to help him have babies.
After being rejected repeatedly,
the employer reportedly became furious and used severely abusive language to
press his demand for the worker to have sex with him.
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No other details of
the case, including the dates of the alleged offences and the amount of claim being sought, if any, were mentioned.
Under the Sex Discrimination Ordinance, any unwelcome sexual behavior which results in another person being offended, humiliated or intimidated, constitutes sexual harassment.
This includes
unwelcome sexual advances, unwelcome requests for sexual favours, and other
unwelcome conduct of a sexual nature.
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“The SDO covers sexual harassment in the employment
field,” said the EOC.
According to the EOC, there has been a considerable
number of cases where employees were subjected to sexual harassment at the
workplace.
From 2020 to 2022 alone, the EOC said it received 504
sexual harassment complaints, representing 51% of all the complaints filed
under the SDO.
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By taking this case to court, the EOC said it hopes to raise public awareness that sexual harassment against employees, including FDHs, is unlawful, and will attract serious legal consequences.
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