The SAR needs a law to stop age discrimination
Updated: 2016-01-12 08:03
By Fung keung(HK Edition)
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Mary, 29, and John, 50, each earn HK$20,000 a month working for Fung Keung & Co. Their colleague in the same position, 40-year-old Joseph, however, makes HK$25,000 a month although his job nature or workload is no difference from Mary's or John's. Mary and John complain. (Mary, John and Joseph and Fung Keung & Co are names used in order to illustrate a common predicament.)
Mary and John are not alone. In Hong Kong, about 20 percent of those aged between 15 and 29 and 24 percent of those aged 50 or older complained that they received less than their colleagues in the same positions. Their complaints were made to the Equal Opportunities Commission (EOC), a government-funded watchdog.
Apart from salaries, many of those aged between 15 and 29 and those aged 50 or older also complained that they were discriminated against when it came to promotions or annual performance reviews.
The commission felt that the level of age discrimination in the city is serious enough for the government to enact legislation to stop it. This is worth our support. In a fair society, people should be paid according to their abilities, qualifications and experiences and not because of their age.
At present, our city only has anti-discrimination legislation covering sex, disability, family status and race. Age is not covered. The government should not procrastinate in presenting a draft anti-age discrimination ordinance to the Legislative Council, and LegCo members would be well-advised to pass the draft into law.
The EOC did a survey of about 400 interviewees to gauge the public's views on such legislation. It found that 70 percent of respondents supported its proposal to press the government to legislate an anti-age discrimination law.
An academic told a local newspaper age discrimination, which involves treating someone - a job applicant or employee - less favorably because of his or her age, was rampant in Hong Kong.
A government official stated that in considering enacting anti-age discrimination legislation, the government would need to weigh certain factors such as whether this serves the public's best interests and whether it is enforceable. He said the government would monitor the issue carefully.
The current Age Discrimination in Employment Act in the United States only forbids age discrimination against people who are aged 40 or older. It does not protect workers under the age of 40, although some states do have laws which protect younger workers from age discrimination. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other terms or conditions of employment.
In 2000, the European Union Council issued a directive establishing a general framework for equal treatment in employment and occupation and prohibiting discrimination on the grounds of religion or beliefs, disability, age or sexual orientation as regards to employment and occupation, with a view to putting into effect in the EU member states the principle of equal treatment. This directive became law in 2011.
The Hong Kong government would do its citizens a great favor while raising Hong Kong's status as a world city by enacting a law to forbid age discrimination in our society. Members of LegCo are implored to pass such a law when it is presented to them by the government. Hong Kong people should also voice their support.
(HK Edition 01/12/2016 page10)