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EQUAL OPPORTUNITY ACT 1984 - SECT 85T

EQUAL OPPORTUNITY ACT 1984 - SECT 85T

85T—Criteria for establishing discrimination on other grounds

        (1)         In this Part—

"discriminate" means—

            (a)         discriminate on the ground of marital or domestic partnership status; or

            (b)         discriminate on the ground of the identity of a spouse or domestic partner; or

            (c)         discriminate on the ground of pregnancy; or

            (d)         discriminate on the ground of association with a child; or

            (e)         discriminate on the ground of caring responsibilities; or

            (f)         discriminate on the ground of religious appearance or dress; or

            (g)         discriminate on the ground of being, or having been, subjected to domestic abuse,

and "discrimination" has a corresponding meaning.

        (2)         For the purposes of this Act, a person discriminates on the ground of marital or domestic partnership status

            (a)         if he or she treats another unfavourably because of the other's marital or domestic partnership status or past or proposed marital or domestic partnership status; 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 a different marital or domestic partnership status comply, or are able to comply, with the requirement than of those of the other's marital or domestic partnership status; 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 that marital or domestic partnership status, or on the basis of a presumed characteristic that is generally imputed to persons of that marital or domestic partnership status; 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.

        (3)         For the purposes of this Act, a person discriminates on the ground of the identity of a spouse or domestic partner if he or she treats another unfavourably because of the identity of the other's spouse or domestic partner, or former or proposed spouse or domestic partner.

        (4)         For the purposes of this Act, a person discriminates on the ground of pregnancy—

            (a)         if he or she treats a woman unfavourably because of her pregnancy or potential pregnancy; or

            (b)         if he or she treats a pregnant woman unfavourably because she 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 women who are not pregnant comply, or are able to comply, with the requirement than of those who are pregnant; and

                  (ii)         the requirement is not reasonable in the circumstances of the case; or

            (c)         if he or she treats a pregnant woman unfavourably on the basis of a characteristic that appertains generally to pregnant women, or on the basis of a presumed characteristic that is generally imputed to pregnant women; 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.

        (5)         For the purposes of this Act, a person discriminates on the ground of association with a child

            (a)         if he or she treats another unfavourably because the person is breast feeding or bottle feeding an infant, or proposes to do so, or is, or proposes to be, accompanied by a child; or

            (b)         if he or she treats another unfavourably because a relative or associate of the other is breast feeding or bottle feeding an infant, or proposes to do so, or is, or proposes to be, accompanied by a child.

        (6)         For the purposes of this Act, a person discriminates on the ground of caring responsibilities

            (a)         if he or she treats another unfavourably because of the other's caring responsibilities or proposed caring responsibilities; 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 without caring responsibilities comply, or are able to comply, with the requirement than of those with caring responsibilities; 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 with caring responsibilities, or on the basis of a presumed characteristic that is generally imputed to persons with caring responsibilities; 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.

        (7)         For the purposes of this Act, a person discriminates on the ground of religious appearance or dress—

            (a)         if he or she treats another unfavourably because of the other's appearance or dress and that appearance or dress is required by, or symbolic of, the other's religious beliefs; or

            (b)         if he or she requires a person to alter the person's appearance or dress and that appearance or dress is required by, or symbolic of, the other's religious beliefs; or

            (c)         if he or she treats another unfavourably because of the appearance or dress of a relative or associate of the other and that appearance or dress is required by, or symbolic of, the relative or associate's religious beliefs.

        (8)         For the purposes of this Act, a person discriminates on the ground of being, or having been, subjected to domestic abuse

            (a)         if the person treats another unfavourably because the other is, or has been, subjected to domestic abuse; 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, or who have not been, subjected to domestic abuse comply, or are able to comply, with the requirement than those who are, or who have been, subjected to domestic abuse; 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 who are, or who have been, subjected to domestic abuse, or on the basis of a presumed characteristic that is generally imputed to persons who are, or who have been, subjected to domestic abuse; or

            (d)         if the person treats another (not being the perpetrator of domestic abuse) 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.