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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.