Amendments to protect breastfeeding women from discrimination comes into effect

Amendments to protect breastfeeding women from discrimination under the Sex Discrimination (Amendment) Ordinance 2021 came into effect today.

According to the amendments, a person harasses a breastfeeding woman if one engages in unwelcome conduct, in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated that the woman would be offended, humiliated or intimidated by that conduct.

It also counts as harassment if one alone or together with other persons, engages in conduct that creates a hostile or intimidating environment for the breastfeeding woman.

The amendments defined conduct as making a statement to a woman or in her presence, whether the statement is made orally or in writing.

The Equal Opportunities Commission advised women to file complaints to employers if one believes she was discriminated in employment or other relevant sectors because of breastfeeding.

Women could also file a written complaint to the commission within 12 months after discrimination incidents. The commission will engage and initiate investigations.

If the incident remained unsettled, they could bring the case to District Court within 24 months after the discrimination incident took place.
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