Victorian Consolidated Legislation

Equal Opportunity Act 1995 - SECT 9

Indirect discrimination

9. Indirect discrimination



(1) Indirect discrimination occurs if a person imposes, or proposes to impose,
a requirement, condition or practice-

   (a)  that someone with an attribute does not or cannot comply with; and

   (b)  that a higher proportion of people without that attribute, or with a
        different attribute, do or can comply with; and

   (c)  that is not reasonable.

(2) Whether a requirement, condition or practice is reasonable depends on all
the relevant circumstances of the case, including-

   (a)  the consequences of failing to comply with the requirement, condition
        or practice;

   (b)  the cost of alternative requirements, conditions or practices;

   (c)  the financial circumstances of the person imposing, or proposing to
        impose, the requirement, condition or practice.

(3) In determining whether a person indirectly discriminates it is irrelevant
whether or not that person is aware of the discrimination.