0

1

Diversity Factor is a consultancy firm specializing in diversity management at organizations in Hong Kong which are

facing a growing call for compliance, value creation and leadership in relation to their diverse work force and clientele.

We believe that by proactively managing and capitalizing on diversity, an organization can benefit from preventing

reputational risk, complying with the law, being accountable and responsible corporate citizens as well as creating new

market opportunities.

Our team consists of professional consultants with a wealth of expertise in training, facilitation, human rights law and,

most importantly, business acumen. We understand an organization’s accountability to the bottom line while we note

the growing importance of businesses’ and public bodies’ accountability to their stakeholders as well. We see a

diversity-aware organization not only meeting legal obligations imposed by the law but also creating new opportunities

in branding and the marketplace.

Our Team Roddy Shaw Principal Consultant

BSc (CityU), LLM (HKU, Human Rights Law), MA

(HKU)

Vera Lam Legal Consultant & Mediator

LLM (CityU), MHKIAC

Sally Choi Associate Consultant

BSocSc (CUHK), MA (CUHK)

Stanley Ma Adjunct Lecturer

Barrister-at-law, LLM (HKU, Human Rights Law)

Our Advisors Dr Kelley Loper Assistant Professor

Faculty of Law, University of Hong Kong

Deputy Director, the Centre for Comparative and

Public Law (CCPL) Director, LLM in Human Rights

Programme

Specialty: Race, Equality & Non-discrimination

Professor Holning Lau Associate Professor of Law

University of North Carolina

Specialty: Race & Sexual Orientation, International

Human Rights Law

George Bisas Training Manager

Victorian Equal Opportunity & Human Rights

Commission

(Former Head of Training & Consultancy Services,

Equal Opportunities Commission, Hong Kong)

Specialty: Race & Disability

Chong Chan-yau BA (HKU), MSc (U London), MPhil (U London),

MBE

Director, Centre for Development & Resources for

Students, University of Hong Kong

Vice Chairman, Joint Council for Physically and

Mentally Handicapped

President, Hong Kong Blind Union

Specialty: Disability, Equality and Public Policy, Civil

Society

Christopher Avery Founder

Business & Human Rights Resource Centre

Specialty: Corporate Social Responsibility,

International Human Rights Standards,

Communications & Reporting

About Us

About Diversity Factor

2

Hong Kong has enacted 4 pieces of anti-discrimination legislation: Sex Discrimination Ordinance (SDO),

Disability Discrimination Ordinance (DDO), Family Status Discrimination Ordinance (FSDO) and Race

Discrimination Ordinance (RDO). The statutes bind both the private and public sectors in the areas of

education, employment, provision of goods, services and facilities and membership to clubs and

professional organizations.

All organizations must comply with the statutory provisions. Any contravention of the laws may result in

complaints to the Equal Opportunity Commission (EOC), litigation, payment of damages as well as

reputational risks. The organization in which the respondent is employed bears vicarious liability. Whilst

the individual staff member will be liable for their actions the employer is also liable for any unlawful

actions of its employees. This is known as vicarious liability.

An organisation may discharge its vicarious liability by taking certain steps. It is important that an

organization has in place both preventive and corrective measures towards discrimination.

Some of the preventive measures include:

• A clear and well publicized equal opportunity policy

• Equal opportunity training for all levels of staff so that they are aware of their individual and

organizational responsibility towards ensuring fair treatment of their fellow colleagues and clients

• Review and design of procedures and a mechanism of preventing, addressing and remedying cases

of discrimination

Some of the corrective measures include:

• An appropriate complaint handling mechanism

• Invoking internal and/or external Alternative Dispute Resolution (ADR) mechanism

• Dealing with complaints filed with the EOC

• Policy & practices review

Legal Compliance

Legal Compliance

3

Sustainability / Corporate Social Responsibility (CSR) Reporting has recently become a

mainstream practice for publicly listed companies to demonstrate their commitment to

transparency, accountability and sustainability. Among many different aspects of being a

responsible business, diversity is one of the key areas of reporting. Global Reporting Initiative

(GRI), the multi-stakeholder network that develops the Reporting Framework used by thousands

of corporations worldwide today, has attached significant importance to the reporting of diversity

measures at organizations.

The elements of reporting include: stakeholders engagement, governance body for social

performance, equal opportunity policy, training and awareness, workforce breakdown by age,

gender and region, diversity and equal opportunity, equal pay indicators, number of

discrimination cases and follow-up, etc.

Besides GRI, the United Nations Global Compact (UNGC) and Realizing Rights: The Ethical

Globalization Initiative have been leading the development of human rights and diversity

reporting. One of the explicit commitments a company makes by joining UNGC is to produce

an annual Communication on Progress (COP). As of May 2009, there are over 200 participants

from Hong Kong & China at the UNGC. In the past 4 years, there have been 53 COPs by these

organizations reporting on human rights, labour, diversity and general governance aspects of

their organizations.

Communications & Reporting

Communications & Reporting

4

This series of training focuses on understanding, applying and implementing measures according to the Equal

Opportunity legislation in Hong Kong, namely the four anti-discrimination ordinances: Sex Discrimination Ordinance

(SDO), Disability Discrimination Ordinance (DDO), Family Status Discrimination Ordinance (FSDO) and Race

Discrimination Ordinance (RDO).

• Introduction to Race Discrimination Ordinance

• Managing Complaints in the Workplace

• Introduction to EO Legislation (including RDO)

• Developing and Implementing an EO Policy in the Workplace

• Vicarious Liability

• Preventing and Managing Sexual Harassment in the Workplace

• Introduction to Mediation

• Contact Officer Role

• Grievance Officer Role

• Understanding the complaint process of the EOC

These workshops can be delivered in two forms: (1) as standard workshops; or (2) as customized workshops for

organizations. For customized workshops, an interview will be conducted with the relevant personnel in the

organization with an assessment of the current EO policies and procedures, prior to the workshops.

Products & Services Equal Opportunity Training

Equal Opportunity Training

5

While litigation of a discrimination claim is often costly, time-consuming and non-confidential,

methods of ADR cost less time, money and more importantly the hard-earned reputation. ADR is

often more effective. For these reasons, ADR is often the preferred alternative to litigation.

At Diversity Factor, we have a team of experienced Accredited Mediators (appointed by Hong

Kong International Arbitration Centre, HKIAC) to act as a neutral third-party to resolve any

discrimination claims you may face. Studies show that the chance of successful conciliation is

much higher at the early stage when a claim is made. At Diversity Factor, we are committed to the

following principles in handling our ADR clients so as to maximize the opportunity of successful

conciliation:

• Conciliation is attempted as early as possible

• Complaint handling turnaround time is shortened by streamlined processes and tools

• Conciliation is conducted on an impartial basis

• Information exchange is kept to the essential minimum, unlike adversarial processes such as

litigation / arbitration

• Core facts and evidence are substantiated before conciliation is attempted

While conciliation is totally voluntary, our experience has shown that a streamlined process, an

impartial approach and a thorough knowledge of the law and expertise in conciliation often

increase the chance of successful conciliation.

Products & Services Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution

6

Equal Opportunity Policy Review We can review your existing equal opportunity policy in human resources management and

service delivery. Our review will take into account your policies, procedures, practices, your

workforce composition and your service clients in the review. Based upon the review, we will

formulate a set of recommendations for change and possible steps to align your policy and

practices with existing compliance requirements as well as a continuous improvement objective

based upon your long-term equality goals.

Equality Impact Assessment (EqIA)

An Equality Impact Assessment is a tool for identifying the potential impact of an organization’s

policies, services and functions on its clients and employees. It can help an organization’s staff

provide and deliver excellent services to its clients by ensuring that these reflect the needs of the

community.

By carrying out EqIAs, an organization may also ensure that the services it provides fulfil the

requirements of equal opportunity legislation in Hong Kong.

Products & Services Equal Opportunity Policy Review & Equality Impact Assessment

EO Policy Review & EqIA

7

At Diversity Factor, our Communications and Reporting Solution helps organizations track and

communicate their diversity performance as well as respond to discrimination allegations. While

organizations spend significant funds in brand building, maintaining a good reputation is an

essential component of their senior executives’ mandate. Our tools and expertise will facilitate easy

tracking of diversity metrics required by international reporting standards and mechanisms such as

GRI and UNGC. We provide advice to companies on how to respond to discrimination allegations,

including the potentially difficult situation involving allegations deep within your supply chain.

The communication strategy speaks to the consumers, civil society groups and other stakeholders.

Level of transparency All of the leading reporting initiatives encourage organizations to report on diversity voluntarily.

There is no rigid requirement in any of these initiatives to report on a specific aspect of an

organization’s diversity measures. Diversity Factor will advise an organization to report on both

positive measures and concerns that its stakeholders may have. It is a matter of balance when it

comes to reporting on diversity. While it is important to report on an organization’s general EO

policy, it is also important to report on whether concerns have been raised and how the organization

has dealt with them.

Confidentiality

Diversity Factor is cognizant of the sensitivity organizations face regarding disclosure of their

diversity efforts and concerns. Diversity Factor does not disclose any information about

organizations’ diversity measures at any stage without the organization’s express prior approval

which includes, but is not limited to: potentially non-compliant areas, complaints or grievances,

products and services strategies as well as individuals’ involvement in particular instances of

concern.

Products & Services Communications & Reporting Solutions

Reporting Solutions

CSR Report 2010

8

This workshop is aimed at the following:

1) to build capacity for NGOs to answer

inquiries and provide advice related to

unlawful discrimination and

harassment.

2) to build capacity for NGOs to assist

and represent victims of unlawful

discrimination and harassment

3) to provide an understanding of the

current laws related to unlawful

discrimination

4) to provide an understanding of the

EOC complaint handling process and

the role of a Representative

Complainant (RC) which the NGOs

may take on

5) to provide an understanding related to

the legal and cost impact of taking a

case to the EOC and to courts

This workshop is best suited for NGOs

serving clients with a potential of being

discriminated against or harassed or those

that are setting up or exploring the

provision of advice, assistance or

representation services to clients.

For NGOs aiming to manage their own

diversity issues in the organization, they

shall enrol in workshops as detailed in the

section titled “EO Training” above.

Diversity Factor may provide workshops to

qualified NGOs at discounted rates as a

community service to the civil society.

Diversity Factor has a wealth of combined

experience of more than 15 years

representing victims of unlawful

discrimination and harassment at the EOC

level and at litigations.

We offer representation at the EOC level

and at litigations at reasonable and

affordable rates. Our experience and

expertise in the complaint process

contribute to the following in complaints

represented by us:

• Detailed analysis of the case

• Clear formulation and/or analysis of

allegations

• Understanding of the relevant legal

provisions

• Advice on how and what to respond to

in a complaint process

• The best interest of the client

(individual or organization)

• Running legal arguments on behalf of

the client

• Formulation and/or assessment of

appropriate remedies sought

Our aim is to resolve the matter by way of

conciliation (if possible, early conciliation)

at the EOC level. Conciliation has proven

to be the most cost-effective resolution of

discrimination and harassment claims for

both the aggrieved person and the

respondent(s). At Diversity Factor, we work

towards reasonable, equitable, amicable and

speedy resolution of claims by way of

conciliation. While complaints may drag on

for months and perhaps years, our aim is to

expedite resolution for the individual client

to effect policy change, settlement and/or

financial compensation wherever

appropriate.

Capacity Building and Case Work

Products & Services Capacity Building Workshop for NGOs

Products & Services Individual Case Representation

9

Hong Kong's Disability Discrimination Ordinance prohibits discrimination against persons with

disabilities in the provision of access to premises that members of the public are entitled to enter. It

is important that building and premises owners are aware of their legal liability to make available

barrier-free access to everyone, including people with a disability. Employers also bear a

responsibility to ensure that their employees with disabilities have barrier-free access to their

workplace facilities. Employers have an additional liability to ensure that the facilities are not only

accessible but also safe, as a matter of industrial safety. Failure to provide such access and attain

such level of safety may result in complaints or even lawsuits from employees and/or clients.

Access audit is both a preventive and corrective measure towards ensuring equal access. Building

owners and employers should ensure that their buildings and offices are accessible to all.

Considerations should be given to the needs of a variety of users with differing circumstances,

including, but not limited to, vision impairment, limited mobility, wheelchair users, etc.

Accessibility concerns should ideally be incorporated in the design of the building as well as during

the review for existing buildings’ renovation and retrofitting needs. Access audit is important as a

corrective measure when a portion of a building / premises is identified as inaccessible to certain

users. An access audit is sometimes required as part of the settlement terms to remedy the situation,

in the case of a complaint or lawsuit.

Diversity Factor partners with a team of professional experts, including design architects, engineers

and rehabilitation specialists, to advise on different aspects of accessibility. Our access audits

examine a range of facilities including buildings, lifts and elevators, open space, access routes,

doors, toilets, motor vehicles and car parks. It would be advisable to consider our access audit

services if you are an employer with employees with disabilities, facility managers, building

owners, government departments and NGOs with a facility management role.

While many access audit reports recommend a range of ‘ideal’ facility design / retrofitting options,

our access audit approach focuses on what is practical, doable and a reasonable accommodation of

premises for disabled users. We evaluate options based upon cost-benefit justifications. For

example, in an access report prepared by a different consultant, it was recommended that all door

leaves be replaced with lighter or automatic doors. A second-year review performed by Diversity

Factor recommended instead that only those doors on the essential and emergency pathways be

replaced, accompanied by clear and accessible signage giving directions using such pathways.

Our access audits engage users with disabilities in the design of our test criteria and/or in the actual

audit process in order to ensure both the test criteria and the recommendations are user-centric and

carry real benefits to the users.

Access Audits

Products & Services Access Audits

10

The Web is increasingly an essential resource for many aspects of life: education, employment,

government, commerce, health care, recreation, social interaction, and more. The Web is used

not only for receiving information, but also for providing information and interacting with

society. Therefore, it is essential that the Web be accessible in order to provide equal access

and equal opportunity to everyone, including people with disabilities and elderly people.

In cases where the Web is the only delivery channel of services or preferred delivery channel of

information and services because any other means of delivery are significantly more time-

consuming, costly or inconvenient, it is imperative that an organization ensures its online

resources are accessible to all. Failure to do so may result in complaints or litigations.

While accessibility focuses on people with disabilities, it also benefits older users, mobile phone

users, and other individuals, as well as organizations. Older users with age-related accessibility

needs are an increasingly important customer base for most organizations, as the percentage of

older users is growing significantly. Organizations with accessible websites benefit from search

engine optimization (SEO), reduced legal risk, demonstration of corporate social responsibility

(CSR), and increased customer loyalty.

What is a Web Accessibility Audit?

At Diversity Factor, we conduct a Web Accessibility Audit for a website, a portal or a set of

WebPages for compliance with the W3C's Web Content Accessibility Guidelines (WCAG) as

well as Targeted Web User Test Criteria developed by Diversity Factor. The WCAG guidelines

explain how to make web content accessible to people with disabilities. The guidelines are

intended for all Web content developers (page authors and site designers) and for developers of

authoring tools. The primary goal of these guidelines is to promote accessibility.

While the WCAG are a set of generalized guidelines, we develop detailed test criteria to audit

web contents and align them with the practical usage expectations in the context of Hong Kong /

China. Thus we develop the Targeted Web User Test Criteria:

• to focus on the issues found in common practice of web designers in this region

• to address issues commonly found in multi-lingual and localization sites in this region

• to address practical usage needs of the disabled and elderly users in Hong Kong by

drawing feedback from user focus groups

• to focus on frequently used contents by these user groups

The audit report will focus on findings based on compliance with the WCAG as well as with our

Targeted Web User Test Criteria. It makes recommendations to organizations regarding

improving accessibility of their web contents. Our recommendations take a staggered approach

so that organizations may phase in improvements based on priorities reflected in our user group

engagement.

Products & Services Web Accessibility

Web Accessibility

11

a. 2912 Shell Tower, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong t. +852 81999463 e. info@diversity-factor.com w. www.diversity-factor.com To receive our bulletin, please send an email to: bulletin@diversity-factor.com