South Australian Consolidated Acts South Australian Consolidated Acts85T—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,
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.