EQUAL OPPORTUNITY ACT 1984 - SECT 76
EQUAL OPPORTUNITY ACT 1984 - SECT 76
76—Discrimination in provision of goods and services
(1) It is unlawful for
a person who offers or provides—
(a)
goods; or
(b)
services to which this Act applies,
(whether for payment or not) to discriminate against another on the ground of
disability—
(c) by
refusing or failing to supply the goods or perform the services; or
(d) in
the terms or conditions on which or the manner in which the goods are supplied
or the services are performed.
(1a) For the purposes
of the application of subsection (1) to services comprised of access to
or use of a place or facilities that members of the public are permitted to
enter or use (see paragraph (a) of the
definition of "services to which this Act applies"), the owner of the place or
facilities and the occupier of the place or the place where the facilities are
provided will each be taken to offer or provide the services.
(2) If the nature of a
skill varies according to whether it is exercised in relation to persons who
have a particular disability or to those who do not have such a disability, a
person does not contravene subsection (1) by exercising the skill in
relation to only those persons who have a particular disability, or only those
who do not have such a disability, in accordance with the person's normal
practice.
(3) This section does
not apply to discrimination against a person on the ground of disability in
relation to the performance of a service if, in consequence of the disability,
that person requires the service to be performed in a special manner and the
person performing the service—
(a)
cannot reasonably be expected to perform the service in that manner; or
(b)
cannot reasonably be expected to perform the service in that manner except on
more onerous terms than would otherwise apply.