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Teacher sues over school dress code and being singled out at assembly

Austin Chiu

A woman is suing the principal and sponsoring body of the Ma On Shan school where she used to teach, claiming its dress code discriminated against her on the grounds of her sex and that the principal publicly humiliated her over her attire.

According to a writ filed in the District Court yesterday by the Equal Opportunities Commission, Kwong Ho-ying is also seeking damages for being singled out over her clothes at morning assembly at the Hong Kong Chinese Women's Club Fung Yiu King Memorial Secondary School.

The writ says Kwong suffered tremendous stress because of the dress code imposed by principal Dr Suen Lee-wa and had to have counselling. She eventually resigned after teaching at the school for two months.

Kwong is asking the court to rule the requirement that women teachers wear dresses, skirts or trouser suits is discriminatory and to order the school to dump the dress code.

The writ says Kwong was hired by the aided school for a one-year appointment starting in September 2007, and that no dress code was specified in the letter of appointment. But Suen told the first staff meeting that women teachers had to wear dresses or skirts to work.

The writ says Kwong was reluctant to wear a dress or skirt, so she wore a knitted top and dress trousers on the first school day. When Suen saw her attire, she asked Kwong to come to her office, where she told Kwong to wear a trouser suit in future if she did not want to wear a dress or skirt.

The next day Kwong wore a trouser suit, but the principal suggested she consider resigning because it appeared they would not get along well.

A week later during a school assembly Suen, having spotted Kwong wearing trousers she thought unsuitable for school, came down from the stage, walked over to Kwong, asked her to see her after the assembly and returned to the stage to carry on.

In her office, Suen criticised the style of trousers Kwong was wearing but said the jacket was fine, the writ says. Kwong asked why the trousers, made from the same material as the jacket, were not acceptable, but Suen did not answer and told Kwong not to wear them to school again.

During an assembly the next day, Suen again came down from the stage, walked up to Kwong, told her what she was wearing that day was 'okay' and returned to the stage.

The writ says Kwong felt intimidated, helpless, stressed and anxious because of the dress requirement. She had difficulty sleeping and had to seek counselling the day after the principal suggested she resign. Kwong resigned in October and left the school in November.

The writ says women teachers are treated less favourably than male teachers because there is no dress code for men other than no jeans or T-shirts; they can wear dress or casual trousers, with or without a jacket. It says a blouse or shirt with dress pants achieves the same standard for women as that required of male teachers at the school.

Kwong is also seeking a written apology, damages and other relief from the principal and the club.

Education sector legislator Cheung Man-kwong called the dress code unreasonable and excessive.

The Association for the Advancement of Feminism said the case highlighted the common practice of schools imposing unfair dress codes on female teachers and indicated gender stereotypes were still deeply rooted in the education sector. It said the Education Bureau turned a blind eye to discriminatory practices and had actually refused to respond to a request for assistance from Kwong.

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