CRPD.C.CHN.Q.1.Add.1_en (1).doc

The burden of proof is on the employer to establish

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The burden of proof is on the employer to establish the defence of unjustifiable hardship. 12.2 As stated in paragraph 11.2 above, the term “unjustifiable hardship” is not defined in the DDO. However, section 4 of the DDO provides that in determining what constitutes unjustifiable hardship, all relevant circumstances of the particular case are to be taken into account including the matters set out in that section. 12.3 As an update to paragraph 27.5 of the Report, the revised Code of Practice on Employment under the DDO (“Revised Code”) was published 55
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by the EOC in 2011 2 after public consultation and approval by the Legislative Council. Paragraphs 5.15 to 5.16 of the Revised Code explaining the notion of “unjustifiable hardship” in the context of section 12 of the DDO is extracted below– “Unjustifiable Hardship 5.15 In determining what constitutes unjustifiable hardship, all relevant circumstances of the particular case are to be taken into account including: 5.15.1 The reasonableness of any accommodation sought; (section 4(a)) 5.15.2 The nature of the benefit or detriment likely to accrue or be suffered by any persons concerned; (section 4 (b)) 5.15.3 The effect on the employee with a disability if accommodation could not be provided; and (section 4 (c)) 5.15.4 The financial circumstances and the estimated amount of expenditure required for providing accommodation by the employer claiming unjustifiable hardship. (section 4 (d)) 5.16 This requires a structured balancing act of potentially competing interests. The cost–benefit assessment will vary depending on the size and financial resources of the employer claiming recourse to the unjustifiable hardship exemption. 13. Please provide data, disaggregated by sex, on the rate of unemployment for workers with disabilities as compared with workers without disabilities. How does the average income of the workers with disabilities compare with their counterparts without disabilities? 13.1 As stated in paragraphs 31.1 to 31.3 of the Report, to facilitate formulation of policies and planning for services for persons with disabilities by the respective government bureaux and departments and servicing agencies, the Census and Statistics Department conducts Surveys on Persons with Disabilities and Chronic Diseases every 5 to 7 years. The latest round of survey was conducted in 2006-07. According 2 The full text of the Revised Code can be downloaded from this web site http://www.eoc.org.hk/eoc/Upload/UserFiles/File/ddocop_e.pdf 56
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to the Survey, statistics on unemployment rate as well as the median monthly employment earnings of employed persons with disabilities and a comparison with the overall situation of Hong Kong population are shown in the tables below - Unemployment rate of persons with disabilities by sex in 2007 Sex Unemployment rate (%) All persons with disabilities (excluding persons with intellectual disability note ) Total population Male 10.7 4.6 Female 10.2 3.4 Overall 10.5 4.0 Note: Since intellectual disability is a very sensitive issue to some respondents, the
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