A teacher ordered by her school to wear dresses at work will receive a written apology and an offer of compensation from the school.

Kwong Ho-yin was employed as a teacher at HKCWC Fung Yiu King Memorial Secondary School in 2007. On several occasions, she was "strongly advised" by the school principal Dr Suen Lee-wa to wear dresses rather than trousers at work. Kwong claimed the imposition of the dress code by her principal caused her tremendous stress. Eventually she chose to resign after teaching at the school for only two months.

Kwong then sued the principal and the school, claiming the dress code discriminated against her on the grounds of her gender and that the principal had publicly humiliated her over her attire. The case became Hong Kong's first regarding sex discrimination related to working attire.

"I suffered insomnia at that period and I lost 5 to 10 pounds. I felt anxious to face the colleagues and the principal. I also had to search for legal support to back myself. I sought help from the school social worker before I collapsed," Kwong told RTHK.

The battle over the dress code lasted for three years. Kwong says it took its toll on her, "I had a price to pay - I lost my job - but it was worth it. The meaning is far more important than the price. No one wants to experience unfairness. I did not expect this result when I filed the complaint. But if I did not do it, similar cases would be endless," Kwong noted.

The Equal Opportunities Commission has received about 10 complaints regarding work attire discrimination in the last few years. Most of the cases were solved through mediation. However, HKCWC Fung Yiu King Memorial Secondary School resisted mediation in the beginning. At last, the school agreed to mediation and the agreement with Kwong was worked out.

Speaking on a radio show, Commissioner for Equal Opportunities Lam Woon-kwong said Kwong's case was significant. He urged employers to avoid gender shaping of employees.

"The issue is not just about wearing dresses or trousers at work. The Commission takes two matters into consideration in terms of dress codes: First, a fair standard towards both sexes; that said, in speaking of dress codes, if the standards imposed on female employees are stricter than those on male employees, it is a discrimination," Lam said.

Secondly, Lam advised employers not to shape employees' gender characters and establish regulations on their attire. "Why do women need to wear dresses at work?" Lam questioned.

Concurring with Lam's opinion, Shui Ka-chun, a social work lecturer at the Baptist University of Hong Kong, called the dress code out-dated. He said the result serves as a reminder for bosses to abandon gender stereotypes. "In the era of sex equality, it is unbelievable to have such cases at workplaces," Shui commented.

A woman surnamed Chan, who teaches English at a Tuen Mun school, welcomed the result. "If my school had such an unreasonable requirement, I would sue it as well."

The school did not reply to calls from China Daily about the case.

Kwong was hired by the school in September 2007. No dress code was stipulated in the letter of appointment. Suen, the principal, criticized Kwong's attire publicly several times at the school. Kwong resigned in October and left the school in November of that year.

China Daily

(HK Edition 09/11/2010 page1)