According to the Disability Discrimination Ordinance (DDO), Cap. 487, a disability includes one that presently exists, previously existed but no longer exists, may exist in the future, or is imputed to a person. Therefore, congenital genetic conditions and genetic predispositions are included as “disabilities” under the DDO.
An employer must have reasonable grounds and justification to require an employee to provide relevant medical reports. For example, such grounds and justification may include helping the organisation determine if the employee’s disability will preclude him/her from meeting the intrinsic requirements of his/her job, or helping the organisation consider accessible accommodations and facilities. Otherwise, it is illegal for employers, as a form of discrimination against employees, to request or require employees to submit medical information, including genetic and genomic information.