HKLII Hong Kong Ordinances

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SEX DISCRIMINATION ORDINANCE - SECT 7

Discrimination against married, etc. persons in employment field

(1) A person discriminates against a person of either sex in any circumstances
relevant for the purposes of any provision of Part III or IV if-

        (a)	on the ground of his or her marital status ("the relevant 
marital status") he treats that person less favourably than he treats or would
treat a person of the same sex with a different marital status; or

   (b)  he applies to that person a requirement or condition which he applies
        or would apply equally to a person with a different marital status
        but-

        (i)    which is such that the proportion of persons with the relevant 
               marital status who can comply with it is considerably smaller
               than the proportion of persons of the same sex with a different
               marital status who can comply with it;

        (ii)   which he cannot show to be justifiable irrespective of the
               marital status of the person to whom it is applied; and

        (iii)  which is to that person's detriment because he or she cannot
               comply with it.

(2) For the purposes of subsection (1), a provision of Part III or IV framed
with reference to discrimination against women shall be treated as applying
equally to the treatment of men, and for that purpose shall have effect with
such modifications as are necessary. (Enacted 1995)



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