EQUAL OPPORTUNITY ACT 1984 - SECT 29
EQUAL OPPORTUNITY ACT 1984 - SECT 29
29—Criteria for discrimination on ground of sex, gender identity, sexual
orientation or intersex status
(2) For the purposes
of this Act, a person discriminates on the ground of sex—
(a) if
the person treats another unfavourably because of the other's sex; or
(b) if
the person treats another unfavourably because the other does not comply, or
is not able to comply, with a particular requirement and—
(i)
the nature of the requirement is such that a
substantially higher proportion of persons of the opposite sex complies, or is
able to comply, with the requirement than of those of the other's sex; and
(ii)
the requirement is not reasonable in the circumstances of
the case; or
(c) if
the person treats another unfavourably on the basis of a characteristic that
appertains generally to persons of the other's sex, or on the basis of a
presumed characteristic that is generally imputed to persons of that sex; or
(d) if
the person treats another unfavourably because of an attribute of or a
circumstance affecting a relative or associate of the other, being an
attribute or circumstance described in the preceding paragraphs.
(2a) For the purposes
of this Act, a person discriminates on the ground of gender identity—
(a) if
the person treats another unfavourably because the other is or has been a
person of a particular gender identity or because of the other's past sex; or
(b) if
the person treats another unfavourably because the other does not comply, or
is not able to comply, with a particular requirement and—
(i)
the nature of the requirement is such that a
substantially higher proportion of persons who are not persons of a particular
gender identity comply, or are able to comply, with the requirement than of
those of the particular gender identity; and
(ii)
the requirement is not reasonable in the circumstances of
the case; or
(c) if
the person treats another unfavourably on the basis of a characteristic that
appertains generally to persons of a particular gender identity, or on the
basis of a presumed characteristic that is generally imputed to persons of a
particular gender identity; or
(d) if
the person requires a person of a particular gender identity to assume
characteristics of a sex with which the person does not identify; or
(e) if
the person treats another unfavourably because of an attribute of or a
circumstance affecting a relative or associate of the other, being an
attribute or circumstance described in the preceding paragraphs.
(3) For the purposes
of this Act, a person discriminates on the ground of sexual orientation—
(a) if
the person treats another unfavourably because of the other's sexual
orientation or past sexual orientation; or
(b) if
the person treats another unfavourably because the other does not comply, or
is not able to comply, with a particular requirement and—
(i)
the nature of the requirement is such that a
substantially higher proportion of persons of a different sexual orientation
complies, or is able to comply, with the requirement than of those of the
other's sexual orientation; and
(ii)
the requirement is not reasonable in the circumstances of
the case; or
(c) if
the person treats another unfavourably on the basis of a characteristic that
appertains generally to persons of the other's sexual orientation, or presumed
sexual orientation, or on the basis of a presumed characteristic that is
generally imputed to persons of that sexual orientation; or
(d) if
the person treats another unfavourably because of an attribute of or a
circumstance affecting a relative or associate of the other, being an
attribute or circumstance described in the preceding paragraphs.
(4) For the purposes
of this Act, a person discriminates on the ground of intersex status—
(a) if
the person treats another unfavourably because of the other's intersex status
or past intersex status; or
(b) if
the person treats another unfavourably because the other does not comply, or
is not able to comply, with a particular requirement and—
(i)
the nature of the requirement is such that a
substantially higher proportion of persons who are not of intersex status
complies, or is able to comply, with the requirement than of those of intersex
status; and
(ii)
the requirement is not reasonable in the circumstances of
the case; or
(c) if
the person treats another unfavourably on the basis of a characteristic that
appertains generally to persons of intersex status, or presumed intersex
status, or on the basis of a presumed characteristic that is generally imputed
to persons of intersex status; or
(d) if
the person treats another unfavourably because of an attribute of or a
circumstance affecting a relative or associate of the other, being an
attribute or circumstance described in the preceding paragraphs.