EQUAL OPPORTUNITY ACT 1984 - SECT 85Z
EQUAL OPPORTUNITY ACT 1984 - SECT 85Z
(1) This Division does
not apply in relation to—
(a) an
employer employing a person for purposes not connected with a business carried
on by the employer; or
(b) a
principal engaging a natural person as an independent contractor for purposes
not connected with a business carried on by the principal.
(2) This Division does
not apply to discrimination against same sex domestic partners on the ground
of marital or domestic partnership status in relation to employment or
engagement for the purposes of an educational institution administered in
accordance with the precepts of a particular religion if Part 3 Division 2
does not apply in relation to discrimination on the ground of sexual
orientation in relation to the employment or engagement (see
section 34(3)).
(3) This Division does
not apply to discrimination against a pregnant woman on the ground of
pregnancy if—
(a) the
discrimination is based on the fact that the woman is not, or would not be,
able—
(i)
to perform adequately, and without endangering herself,
the unborn child or other persons, the work genuinely and reasonably required
of her; or
(ii)
to respond adequately to situations of emergency that
should reasonably be anticipated in connection with her duties; and
(b) in
the case of discrimination arising out of dismissal from employment—
(i)
there is no other work that the employer could reasonably
be expected to offer the woman; and
(ii)
the woman has been offered leave for the period that
would result in her being unable—
(A) to perform adequately, and without
endangering herself, the unborn child or other persons, the work genuinely and
reasonably required of her; or
(B) to respond adequately to situations of
emergency that should reasonably be anticipated in connection with her duties,
and the woman has declined to take the leave.
(4) This Division does
not apply to discrimination on the ground of religious appearance or dress if,
by reason of the person's appearance or dress, the person is not, or would not
be, able—
(a) to
perform adequately, and without endangering himself or herself or other
persons, the work genuinely and reasonably required for the employment or
position in question; or
(b) to
respond adequately to situations of emergency that should reasonably be
anticipated in connection with the employment or position in question.
(5) This Division does
not apply to discrimination on the ground of religious appearance or dress in
relation to employment or engagement if the discrimination is for the purposes
of enforcing a standard of appearance or dress reasonably required for the
employment or engagement.