Cancer-stricken Filipino domestic worker gets key legal backing from Hong Kong’s equality watchdog
- Baby Jane Allas, who lost her job after she was diagnosed with cervical cancer, will have her discrimination case heard in District Court
- The Equal Opportunities Commission said it was supporting Allas in her case ‘to remind employers that disability discrimination in the workplace is unlawful’
The city’s equality watchdog has issued legal proceedings under the Disability Discrimination Ordinance in Hong Kong’s District Court on behalf of Allas, with the first hearing scheduled for March.
Allas, a 40-year-old single mother of five, alleged that her former employer, Jamil Bushra, discriminated against her by sacking her because of her disability. She was fired just a few days after being diagnosed with stage-three cervical cancer, and her termination letter expressly attributed the reason for her dismissal to her illness and related sick leave.
Allas made a complaint with the EOC in April 2019. After reviewing her claim, the watchdog decided to legally represent her in November 2019 and was finally able to file a court case last month.
Under Hong Kong’s Disability Discrimination Ordinance, it is unlawful for an employer to fire an employee on the grounds of their disability, which includes an illness.
“It has been brought to the EOC’s attention that it is not uncommon that foreign domestic helpers are subjected to discriminatory treatment by their employers after falling ill,” the watchdog said in an official statement in December.
“By taking this case to the court, the EOC hopes to raise public awareness and remind employers that disability discrimination in the workplace is unlawful and employers should provide reasonable accommodation for employees with disabilities,” it read.
