EQUAL OPPORTUNITY ACT 1984 - SECT 85A

EQUAL OPPORTUNITY ACT 1984 - SECT 85A

85A—Criteria for establishing discrimination on ground of age

For the purposes of this Act, a person discriminates on the ground of age—

            (a)         if he or she treats another unfavourably because of the other's age; 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 age or age group complies, or is able to comply, with the requirement than of those of the other's age or age group; 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 age or age group, or on the basis of a presumed characteristic that is generally imputed to persons of that age or age group; 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.