Domestic helper sues boss for not allowing her to wear jilbab and pray

An Indonesian domestic helper is suing her former employers for racial discrimination after she was prohibited from wearing jilbab, a traditional Muslim garment, and praying on her work days. The helper is also asking for over HK$250,000 in compensation.

In a writ filed at the District Court on Wednesday, the claimant Dwi-Lestari is suing her former employers Leung Choi, Leung's son Ho Wai-sun and daughter Ho Wai-ngor for committing racial discrimination against her during the employment from March 2 to 16 in 2020.

As a devout Muslim, Dwi-Lestari is required to wear a jilbab -- a full-length outer garment to cover her head and hands whenever she is outside her employer's home, as she had done throughout her previous employment at four other families in Hong Kong from 2009 to 2018 without any objection from them.

However, she was prohibited from wearing the jilbab by Ho Wai-ngor, who gave her verbal warnings and demanded she not wear the garment whenever she went out with Leung and her family.

To comply with Ho's instructions and demands, Dwi-Lestari only wore an inner jilbab - a headwrap to cover her hair - and a cap afterward when she went out.

Dwi-Lestari's religion also requires her to pray five times a day. During her employment with Leung, she prayed three times a day at 4.30am, 2pm and 10pm, for around 10 minutes each time, to minimize the disruption to her work.

However, the Leung's family took the helper to her employment agency on March 16, showing surveillance camera footage that captured her praying. Dwi-Lestari only know there were surveillance cameras inside the home at that time.

Leung's son Ho Wai-sun objected her daily prayers and said "words to the effect that the 1st respondent (Leung), being of old age, would be 'scared to death' if she saw the claimant praying when she woke up," the writ wrote.

The helper apologized and proposed to pray outside the house instead, but the suggestion was refused by Ho Wai-sun, who said she could only pray during her holidays if she wanted to continue to work.

Dwi-Lestari replied that she would like to continue praying if that was possible and would like to continue working for Leung. 

However, she was fired the same day and did not receive any salary or payment in lieu of notice. Ho Wai-sun only gave her HK$100 without explaining what the money was for.

The domestic helper was provided with a flight ticket back to Indonesia. 

In early 2021, Dwi-Lestari lodged a complaint against Leung with the Equal Opportunities Commission.

The commission arranged two conciliation meetings between the helper and Leung's family in June and September 2021, but all were unsuccessful.

In the writ, the helper asked to be compensated for over HK$250,000, including HK$200,000 for injury to her feelings, wage between March 2 to March 16 of HK$2,210, payment in lieu of notice of HK$4,630 and HK$27,780 for loss of income.

The compensation also includes a punitive payment of HK$20,000.