ANTI-DISCRIMINATION ACT 1977 - SECT 38B
What constitutes discrimination on transgender grounds
ANTI-DISCRIMINATION ACT 1977 - SECT 38B
What constitutes discrimination on transgender grounds
38B What constitutes discrimination on transgender grounds
(1) A person (
"the perpetrator" ) discriminates against another person (
"the aggrieved person" ) on transgender grounds if the perpetrator--
(a) on
the ground of the aggrieved person being transgender or a relative or
associate of the aggrieved person being transgender, treats
the aggrieved person less favourably than in the same circumstances (or in
circumstances which are not materially different) the perpetrator treats or
would treat a person who he or she did not think was a transgender person or
who does not have such a relative or associate who he or she did not think was
a transgender person, or
(b) requires the aggrieved person to comply with a
requirement or condition with which a substantially higher proportion of
persons who are not transgender persons, or who do not have a relative or
associate who is a transgender person, comply or are able to comply, being a
requirement which is not reasonable having regard to the circumstances of the
case and with which the aggrieved person does not or is not able to comply, or
(c) treats the aggrieved person, being a recognised transgender person, as
being of the person's former sex or requires the aggrieved person, being a
recognised transgender person, to comply with a requirement or condition with
which a substantially higher proportion of persons of the person's former sex
comply or are able to comply, being a requirement or condition which is not
reasonable having regard to the circumstances of the case and with which
the aggrieved person does not or is not able to comply.
(2) For the purposes
of subsection (1) (a), something is done on the ground of a person being
transgender if it is done on the ground of the person being transgender, a
characteristic that appertains generally to transgender persons or a
characteristic that is generally imputed to transgender persons.
