23 slides from Hong Kong Exchanges & Clearing's sustainability presentation, Jul 26, 2022
Slide 1: Building a Positive Culture with Equal Opportunities
Building a Positive Culture with Equal Opportunities Dr. Ferrick CHU Executive Director (Operations) Equal Opportunities Commission
Slide 2: Why EO and Diversity matter?
Why EO and Diversity matter? Workplace culture of Diversified insights respect and dignity to into the business retain the best talent Listed companies as Compliance/ role models in various Risk Management industries
Slide 3: Anti-discrimination Laws in Hong Kong
Anti-discrimination Laws in Hong Kong Sex Disability Family Status Race Discrimination Discrimination Discrimination Discrimination Ordinance Ordinance Ordinance Ordinance • Sex • Disability • Having • Race • Pregnancy responsibility • Colour • Marital Status for the care of • Ethnic Origin • Breast
Slide 4: Recent Amendments
Recent Amendments Sex Discrimination Disability Discrimination Race Discrimination • Breastfeeding Harassment (2021) Client <-> Service providers • Sexual (2014), Disability (2020) and Racial Harassment (2020) Workplace participants <-> Workplace participants • Sexual (2020), Disability (2020) and R
Slide 5: Common forms of discrimination
Common forms of discrimination Direct Indirect Victimisation Discrimination Discrimination Treating a person less favourably for Less favourable Same requirement is • Bringing a complaint treatment on applied to all but is in • Being a witness prohibited grounds practice unfair to • Taking legal act
Slide 6: Complaints handled by EOC in 2019 – May 2022
Complaints handled by EOC in 2019 – May 2022 Disability Discrimination 551 657 630 Ordinance 304 446 405 Sex Discrimination Ordinance 222 466 116 345 Race Discrimination Ordinance 111 41 69 Family Status 49 49 Discrimination Ordinance 20 2019 2020 2021 Jan-May 2022
Slide 7: Complaints related to Sex Discrimination Ordinance
Complaints related to Sex Discrimination Ordinance 2017 46% 54% 2018 43% 57% Complaints related to Sexual Harassment 2019 46% 54% Other Complaints under SDO 2020 46% 54% 2021 61% 39%
Slide 8: Complaints related to Sexual Harassment (handled)
Complaints related to Sexual Harassment (handled) 200 183 153 143 150 136 97 86 87 100 69 58 50 0 2013 2014 2015 2016 2017 2018 2019 2020 2021 Non-employment related Employment related Complaints related to Sexual Harassment
Slide 9: Survey on Sexual Harassment in Hong Kong 2021
Survey on Sexual Harassment in Hong Kong 2021 Prevalence of Workplace Sex of Harassers in Workplace Sexual Harassment (by sex of victims) One in 16.6 Eight % Male (11.8%) 16.8 Female % A Mix 66.7%
Slide 10: Presence of Anti-SH Policy by Company Size
Presence of Anti-SH Policy in the Company Overall 35.2% 52.1% 12.7% 500+ 62.5% 24.1% 13.4% Company Size 50-499 40.4% 41.7% 17.8% 1-49 13.0% 77.7% 9.3% 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% 70.0% 80.0% 90.0% 100.0% Yes No Do not know
Slide 11: Prevalence Rate of Workplace Sexual Harassment by Industry
Prevalence Rate of Workplace Sexual Harassment by Industry Overall Rate 11.8% Manufacturing 12.1% Construction 9.5% Import and export trades, wholesale and retail 11.4% Transportation, warehousing, postal and courier services 10.6% Accommodation and food services 16.5% Information and communications
Slide 12: Reporting of Workplace Sexual Harassment
Reporting of Workplace Witnesses to Workplace Sexual Harassment Sexual Harassment One in Two in Seven Five (14.7%) (41.4%) 11.9% Incidents were intervened or stopped by a third party
Slide 13: Vicarious Liability
Vicarious • Employers are vicariously liable for the unlawful Liability act done by their employees in the course of employment, whether or not it was done with the employer’s knowledge or approval • Principals are vicariously liable for the unlawful act done by their agents Prevent SH is also part
Slide 14: Recommendation for HKEX
Recommendation for HKEX Review the Environmental, Social and Governance (ESG) Reporting Guide of the Listing Rules to include the adoption of an anti-sexual harassment policy as one of the key gender equality strategies that issuers of listed companies should disclose in their ESG report.
Slide 15: Recommendations for Listed Companies
Recommendations for Listed Companies 1. Employers are strongly encouraged to: (a) Develop a clear corporate anti-sexual harassment policy; (b)Establish an effective system to handle complaints; (c) Take disciplinary or appropriate actions; (d)Implement timely improvement measures; and (e) Provide aw
Slide 16: Appoint a top-level managerial staff member to oversee anti-sexual harassment
2. Appoint a top-level managerial staff member to oversee matters related to anti-sexual harassment 3. Communicate to every staff about the redress channels and regularly remind staff not to commit acts of sexual harassment
Slide 17: Companies from client-facing industries can
4. Companies from client-facing industries can: (a) raise awareness among their clients or workplace participants by providing knowledge about the recent legal changes in anti-sexual harassment provisions under SDO (b) send a clear message that staff complaints against clients’ or workplace particip
Slide 18: Good Management Practices to enhance Corporate Governance
Good Management Practices to enhance Corporate Governance • Use of Consistent Selection Criteria in Recruitment/Talent acquisition process (from planning to execution): • Board nomination and workforce recruitment • Inclusive workplace practice: • flexible work arrangements • work-life balance • ret
Slide 19: Good Management Practices to enhance Corporate Governance
Good Management Practices to enhance Corporate Governance • Policies promoting equal opportunities e.g., - EO policy - Anti-SH policy • Grievance procedures e.g., complaint-handling mechanism
Slide 20: Racial D&I Charter for Employers
Racial D&I Charter for Employers • Launched by the EOC in December 2018; over 220 signatories signed the Charter as at 30 June 2022 • A set of nine guidelines To help employers improve diversity and inclusion in their organisations To use as a measure for organisations to assess their performanc
Slide 21: Racial D&I Charter for Employers
Racial D&I Charter for Employers Extracted from the newspaper supplement published by South China Morning Post on 17 December 2021 Come and join us as a signatory of the Charter to build a diverse and inclusive workplace: Website: www.eoc.org.hk Hotline: 2511 8211
Slide 22: Useful Resources
Useful Resources Good Management Practices https://tinyurl.com/eocgmp Code of Practice on https://tinyurl.com/sdocop Employment under SDO Code of Practice on https://tinyurl.com/copdisability Employment under DDO Code of Practice on https://tinyurl.com/fsdocop Employment under FSDO Code of Practice
Slide 23: Anti-Sexual Harassment Hotline and Training and Consultancy Services
Anti-Sexual Harassment Hotline: 2106 2222 EOC Hotline: 2511 8211 Training and Consultancy Services • Customised training • Review existing policies, complaint handling procedures and induction training materials