Victorian Consolidated Legislation

Equal Opportunity Act 1995 - SECT 8

Direct discrimination

8. Direct discrimination



(1) Direct discrimination occurs if a person treats, or proposes to treat,
someone with an attribute less favourably than the person treats or would
treat someone without that attribute, or with a different attribute, in the
same or similar circumstances.

(2) In determining whether a person directly discriminates it is irrelevant-

   (a)  whether or not that person is aware of the discrimination or considers
        the treatment less favourable;

   (b)  whether or not the attribute is the only or dominant reason for the
        treatment, as long as it is a substantial reason.