South Australian Consolidated Acts South Australian Consolidated Acts29—Criteria for discrimination on ground of sex, chosen gender or
sexuality
(2) For the purposes
of this Act, a person discriminates on the ground of sex—
(a) if
he or she treats another unfavourably because of the other's sex; or
(b) if
he or she 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
he or she 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
he or she 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 chosen gender—
(a) if
he or she treats another unfavourably because the other is or has been a
person of a chosen gender or because of the other's past sex; or
(b) if
he or she 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
chosen gender comply, or are able to comply, with the requirement than of
those of a chosen gender; and
(ii)
the requirement is not reasonable in the circumstances of
the case; or
(c) if
he or she treats another unfavourably on the basis of a characteristic that
appertains generally to persons of a chosen gender, or on the basis of a
presumed characteristic that is generally imputed to persons of a
chosen gender; or
(d) if
he or she requires a person of a chosen gender to assume characteristics of
the sex with which the person does not identify; or
(e) if
he or she 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 sexuality—
(a) if
he or she treats another unfavourably because of the other's sexuality or past
sexuality; or
(b) if
he or she treats another person 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 sexuality complies,
or is able to comply, with the requirement than of those of the other's
sexuality; and
(ii)
the requirement is not reasonable in the circumstances of
the case; or
(c) if
he or she treats another unfavourably on the basis of a characteristic that
appertains generally to persons of the other's sexuality, or presumed
sexuality, or on the basis of a presumed characteristic that is generally
imputed to persons of that sexuality; or
(d) if
he or she 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.