Hong Kong Ordinances

SEX DISCRIMINATION ORDINANCE - SECT 8

Discrimination against pregnant women in employment field

A person discriminates against a woman in any circumstances relevant for the
purposes of any provision of Part III or IV if-

   (a)  on the ground of her pregnancy he treats her less favourably than he
        treats or would treat a person who is not pregnant; or

   (b)  he applies to her a requirement or condition which he applies or would
        apply to a person who is not pregnant but-

        (i)    which is such that the proportion of persons who are pregnant
               who can comply with it is considerably smaller than the
               proportion of persons who are not pregnant who can comply with
               it;

        (ii)   which he cannot show to be justifiable irrespective of whether
               or not the person to whom it is applied is pregnant; and

        (iii)  which is to her detriment because she cannot comply with it.
               (Enacted 1995)