Same-sex harassment is also an offense, says equality watchdog

It is also an offense for someone of the same sex to frequently make offensive jokes or comments about sex or gender, said Hong Kong’s equality watchdog on Tuesday.

The comments came after a female branch manager of the Korean restaurant chain Terrace In Seaside, located in a Kowloon Tong mall, was suspended due to allegations of what the chain's management characterizes as sexual harassment.

The branch manager allegedly made inappropriate nicknames and jokes about a new female staff member's physical appearance.

Read more: Bullying hit for Korean restaurant chief

Speaking on a radio program this morning, Linda Lam Mei-sau, chairwoman of the Equal Opportunities Commission, said she would not comment on specific cases but reiterated that there are two main categories of sexual harassment offenses.

They include unwelcome sexually-related behaviors towards colleagues in the workplace, where the harassed individual may feel offended, insulted, or intimidated from an objective standpoint. The second category involves one individual engaging in sexually-related behaviors towards another, causing animosity or intimidation, which also constitutes sexual harassment, said Lam.

The equality watchdog chief said relevant laws about sexual harassment pertain to actions between "one person and another," irrespective of gender, and that any unwelcome sexually-related behavior towards another person may breach the law.

Lam also noted that in an employment setting, employers bear partial responsibility for such incidents but are also provided with exemptions.

Employers can be exempted from liability if they have taken reasonable preventive measures beforehand, such as establishing anti-sexual harassment policies, educating employees on what constitutes illegal behavior, and advising against such actions, she said, adding that such actions must be taken before an incident occurs for the exemptions to apply effectively.

Meanwhile, Lam said the Commission will start an investigation after receiving the complaint and could resolve the matter through appropriate mediation.