The head of Hong Kong’s anti-discrimination watchdog has said that employees who are denied bonuses if they refused to get the COVID-19 vaccine may be able to mount a legal challenge, but it depended on whether it was a reasonable or necessary measure.

The comments from Ricky Chu, head of the Equal Opportunities Commission, comes after the Hong Kong Jockey Club reportedly told some employees that they must get vaccinated by the end of August or risk losing their bonuses.

The Peninsula Hong Kong hotel has also raised the prospect of staff layoffs if they did not reach a target of 70% of employees being vaccinated.

Chu said that if a hotel lays off employees due to economic losses, then it would be a labor issue rather than discrimination.

Chu told Commercial Radio that if an employee was transferred to another department as a result of not getting vaccinated, this had a good chance of being considered reasonable and necessary. “We can’t only look at the measure itself, we must look at how serious the consequences are,” Chu said.

However, Chu added that if an employer lays off unvaccinated staff across the board, it is more difficult for that employer to demonstrate that their action is reasonable and necessary.

Trade union representative Wong Yu-loy criticized Chu for sending the wrong message by suggesting that treating unvaccinated staff differently does not constitute discrimination, as long as employers deem it reasonable and necessary.

Wong said getting vaccinated was an individual choice, and that some people had doubts while others had health conditions which makes it unsuitable. Employers should adopt an understanding attitude and should not use coercion.

An internal Jockey Club circular seen by Apple Daily said that employees at administrative and assistant administrative level should get vaccinated by the end of August to set an example, and help the club move toward relaxed restrictions on catering and bar services. If the deadline was not met, the 2021-22 discretionary bonus would be “significantly affected.”

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