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"An immediate family member must be related to the person concerned by blood, marriage, adoption or affinity. The proposed definition, therefore, includes relationship between husband and wife, parent and child and near relatives. Co- habitation, however, would fall outside the definition. This takes account of the strong public objection, received during the consultation exercise last year, to giving legal recognition to de facto spouse relationship," he added.
"We believe the proposed legislation will remove potential injustice and unfair restriction of an individual's prospect on account of his or her family status," he said.
The Bill renders discrimination on the ground of family status unlawful in specified areas of activity similar to those covered by the Sex Discrimination Ordinance (SDO), such as employment, education, the provision of goods and services, and the disposal and management of premises. It also renders unlawful discrimination by way of victimisation.
"With such provisions in the Bill, it will be unlawful for an employer to discriminate against a person, on the ground of his or her family status, in matters relating to recruitment, terms of employment, remuneration, promotion and training," the spokesman said.
To oversee the implementation of the new legislation, the Government also proposes to extend the remit of the EOC to handle complaints of discrimination on the ground of family status.
On the judicial mechanism, the spokesman said the court may exercise similar powers as provided for under the SDO and civil claims for damage can be filed through district court proceedings.
On provisions for exemptions, he said that apart from those exceptions provided for in the SDO, which are also relevant to discrimination on the ground of family status, employers would also be allowed to afford special benefits to suit the special needs of employees with a particular family status.
"This will cover arrangements such as offering education allowance for married employees with children only," the spokesman said.
In order to give small employers time to familiarise with the legislation and if necessary, to adapt their existing practices to comply with the legislation, the Bill provides for a three-year grace period for business establishments with not more than five employees.
The Bill will be introduced into the Legislative Council on April 23.
End
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