EQUAL OPPORTUNITY ACT 1984 - SECT 35AB

EQUAL OPPORTUNITY ACT 1984 - SECT 35AB

35AB .         Discrimination on gender history grounds

        (1)         For the purposes of this Act, a person (in this subsection referred to as the discriminator ) discriminates against a gender reassigned person on gender history grounds if, on the ground of the gender reassigned person having a gender history, the discriminator treats the gender reassigned person less favourably than, in circumstances that are the same or are not materially different, the discriminator treats or would treat a person not thought by the discriminator to have a gender history.

        (2)         A reference in subsection (1) to something done on the ground of a person having a gender history includes a reference to something done on the ground of —

            (a)         a characteristic that appertains generally to persons who have a gender history; or

            (b)         a characteristic that is generally imputed to persons who have a gender history.

        (3)         For the purposes of this Act, a person (in this subsection referred to as the discriminator ) discriminates against a gender reassigned person on gender history grounds if on the ground of the person having a gender history the discriminator —

            (a)         treats the person as being of the person’s former sex; or

            (b)         requires the person to comply with a requirement or condition —

                  (i)         with which a substantially higher proportion of persons who do not have a gender history comply or are able to comply; and

                  (ii)         which is not reasonable having regard to the circumstances of the case; and

                  (iii)         with which the gender reassigned person does not or is not able to comply.

        [Section 35AB inserted: No. 2 of 2000 s. 28.]

        [Heading inserted: No. 2 of 2000 s. 28.]