1. An employer knows that dismissing a pregnant employee may be unlawful, so he intends to dismiss that employee after she has given birth to her child. Would that employer still be liable under the law?
Under section 8 of the Family Status Discrimination Ordinance, i t is unlawful for an employer to discriminate against an employee on the basis of his/her family status (i.e. the duty to take care of an immediate family member) by dismissing that employee.
There was a District Court Equal Opportunities Action in 2005 ( Lam Wing Lai v YT Cheung (Ching Tai) Ltd.) in which the Plaintiff, who had been dismissed by her employer due to her pregnancy and family status, was awarded compensation for injury to feelings as well as loss of income.
If an employer dismisses an employee only because the employer thinks that the employee has to take care of her child and cannot work overtime or take business trips etc., then that employer would have violated the FSDO.