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| EOC prosecuted the case in the District Court |
The Equal Opportunities Commission has welcomed the District Court’s ruling in favor of a former domestic worker who sued her employer for sexual harassment, and said more victims should speak up and take action.
In a press statement issued yesterday, EOC chairperson Linda Lam said: “This court ruling sends a strong reminder to all employers that sexual harassment against employees, including foreign domestic workers, during their employment is unlawful and will lead to serious legal consequences.”
“Eliminating sexual harassment has always been a top priority for the EOC. We hope that this ruling will encourage more victims of workplace sexual harassment to come forward and seek redress for such unlawful acts.”
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The court ruling on Feb. 14 found Lam Yui-sang, 63, guilty of creating a “hostile and threatening” workplace for Indonesian helper Sri Wahyuni by demanding sex and consenting to getting pregnant by him shortly after she started work in February 2022.
Lam was ordered to pay damages totaling $182,387 to Wahyuni, broken down as follows: $60,000 in emotional damages, $10,000 in punitive damages, and $112,387.30 for loss of income. Lam was also told to pay costs.
The court heard that Lam, who lived in a 2-bedroom flat in Kwai Chung with Wahyuni, threatened to send the helper back to Indonesia if she did not agree to his demands.
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Wahyuni refused to give in to his demands and resigned after 17 days, but not after secretly recording Lam’s repeated harassment after he sniffed her hair a couple of times each time she walked out of the bathroom.
In one such recording Lam said: “Who says domestic helpers were not up for sex service?”
In another, he said: “You should have expected to have sex with me as you came to work for me.”
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Surprisingly, the police dismissed a complaint she filed in April 2022, saying there was a lack of evidence.
Wahyun then took her case to the EOC, accusing Lam of violating the Sex Discrimination Ordinance (SDO).
Under the SDO, which covers workplaces, sexual harassment refers to any unwelcome sexual advance to another person or unwelcome conduct of a sexual nature, which a reasonable person, having regards to all the circumstances, would anticipate that the other person would be offended, humiliated and intimidated.”
EOC helped prosecute the case on behalf of the claimant, and provided her with in-house lawyers to act as her legal representatives in court.
Various groups supporting the cause of FDWs also hailed the decision, saying it should give courage to those who are under similar circumstances to seek relief.
Cynthia Abdon Tellez, managing director and founder of Mission for Migrant Workers, said it is often difficult for sexually harassed or abused FDWs to speak out due to fear of losing their jobs, or being subjected to victim blaming.
It is also difficult for the victim to gather enough evidence that can be used in proving their claim. And even if cases were reported to the EOC, the offender is often given the chance to settle out of court.
Thus, she said it was commendable that Wahyuni had the courage and the foresight to collect convincing evidence against her abuser.
She
said Wahyuni gave hope to many other migrant workers who suffer the same fate,
partly because of Immigration’s policy that mandates them to live with their employers, even if as in this case, the
employer is male and lives by himself.
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