A ruling in Hong Kong's District Court has clarified what constitutes race discrimination in the workplace and what doesn't.
A British employee sued a Hong Kong construction company after he was fired, claiming race discrimination because co-workers excluded him from meetings and used a disparaging Cantonese word that meant foreigner (or non-Chinese person), usually referring to white foreigners. The company argued that it fired him for having a negative attitude and trouble getting along with his co-workers.
On Feb. 11, a judge ruled that the company had reasonable grounds to fire him. The court found that the use of the disparaging word didn't necessarily constitute race discrimination in the workplace, but it might, depending on the context.
Hong Kong's population is 7.5 million people, and 94 percent are Chinese, according to World Population Review. Cantonese is the official language in Hong Kong.
"Focusing on the legal outcome [of this case] can be a distraction," said Hong Tran, an attorney with Mayer Brown, based in Hong Kong. "The employer was successful in defending the unlawful discrimination claim, but I think the objective for employers should be to be in a place where a complaint can't be made in the first place. That involves having the appropriate diversity, equity and inclusion policies in place; training and proactive update of these policies; and refresher training. Leaders should set the tone from top down."
Legal Background
Employers in Hong Kong must...
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