XN000022-1996-08-09 — Page 6

The two draft codes of practice on employment contain various sections for the purpose of:

explaining the meaning of the relevant provisions of the ordinances in the context of employment;

laying down practical guidelines for employers in various areas including recruitment, terms of employment, promotion, transfer and training, dismissal, grievances and victimisation; and

encouraging employers to formulate their own equal employment opportunities policies and highlighting the role to be played by employees in eradicating discrimination and harassment on the grounds of sex and disability in employment.

For instance, in the area of recruitment, the draft codes set out what amounts to genuine occupational qualifications (GOQs) which include the type and length of experience required for a specific job.

Job advertising and the shortlisting of applicants should be based on GOQS of a job. Following job interviews, employers or personnel staff are advised to record the assessment of each candidate's ability to match GOQS.

Employers are also recommended to avoid questions, which could lead to discrimination under the two ordinances, to be printed on application forms or asked during interviews. Information essential for personnel records could be collected after a job offer has been made.

Furthermore, in determining the terms of employment, employers are advised to maintain the principle of equal pay for equal work and equal pay for work of equal value. For example, one should look at what job-holders actually do in determining pay rather than simply look at job titles which may sometimes be discriminatory.

Besides the above recommendations, each of the draft codes of practice also addresses issues specific to the respective ordinance. In the one under SDO, a section explains the meaning of sexual harassment in employment and provides guidance on preventing and dealing with such unlawful acts.

Similarly, the draft code of practice under DDO contains relevant factors for assessing inherent requirements of a job, and reasonable accommodation that could be provided to facilitate the work of an employee with a disability. Unjustifiable hardship which may result from the provision of such adjustment is also included.