Cap 487 s 13 Discrimination against contract workers (DISABILITY DISCRIMINATION ORDINANCE)

Contents of Section

Chapter:	487	Title:	DISABILITY DISCRIMINATION ORDINANCE	Gazette Number:	L.N. 222 of 2008
Section:	13	Heading:	Discrimination against contract workers	Version Date:	03/10/2008

(1) This section applies to any work for a person ("the principal") which is available for doing by individuals ("contract workers") who are employed not by the principal himself but by a contractor or sub-contractor of the principal. (Amended 29 of 2008 s. 98)
(2) Subject to subsections (3) and (4), it is unlawful for the principal, in relation to work to which this section applies, to discriminate against a contract worker with a disability-

(a) in the terms on which he allows the contract worker to do that work;

(b) by not allowing the contract worker to do it or continue to do it;

(c) in the way he affords the contract worker access to any benefits, services or facilities or by refusing or deliberately omitting to afford the contract worker access to them; or

(d) by subjecting the contract worker to any other detriment.

(3) Subsection (2)(b) shall not apply to a principal who does any act in relation to a contract worker with a disability at a time when if the work were to be done by a person taken into his employment being a contract worker without a disability would be a genuine occupational qualification for the job.
(4) Subsection (2)(b) shall not apply to a principal who discriminates against a contract worker with a disability, if taking into account-

(a) the contract worker's past training, qualifications and experience relevant to working as a contract worker;

(b) where the person is already working for the principal as a contract worker, the contract worker's performance as a contract worker; and

the contract worker because of the contract worker's disability-

(i) would be unable to carry out the inherent requirements of a contract worker; or

(ii) would, in order to carry out those requirements, require services or facilities that are not required by persons without a disability and the provision of which would impose an unjustifiable hardship on the principal.

(5) Subsection (2)(c) shall not apply to benefits, services or facilities of any description if the principal is concerned with the provision (for payment or not) of benefits, services or facilities of that description to the public, or to a section of the public to which the contract worker with a disability belongs, unless that provision differs in a material respect from the provision of the benefits, services or facilities by the principal to his contract workers without a disability.
(6) In this section-
"contractor" (承判商) means a person who undertakes any work for the principal under a contract that is entered into by the person directly with the principal;
"sub-contractor" (次承判商) means a person who enters into a contract with another person (whether or not a contractor of the principal) to undertake all or any part of the work that a contractor of the principal has undertaken. (Added 29 of 2008 s. 98)

(Enacted 1995)