49TWhat constitutes discrimination on the ground of a person’s responsibilities as a carer

49T What constitutes discrimination on the ground of a person’s responsibilities as a carer

49T What constitutes discrimination on the ground of a person’s responsibilities as a carer

(1) A person (the perpetrator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person’s responsibilities as a carer if the perpetrator—

(a) on the ground of the aggrieved person having responsibilities as a carer, treats the aggrieved person less favourably than in the same circumstances, or in circumstances which are not materially different, the perpetrator treats or would treat a person who does not have those responsibilities, or

(b) requires the aggrieved person to comply with a requirement or condition with which a substantially higher proportion of persons who do not have such responsibilities comply or are able to comply, being a requirement that is not reasonable having regard to the circumstances of the case and with which the aggrieved person does not or is not able to comply.

(2) For the purposes of subsection (1) (a), something is done on the ground of a person’s responsibilities as a carer if it is done on the ground of the person having responsibilities as a carer, a characteristic that appertains generally to persons who have responsibilities as a carer or a characteristic that is generally imputed to persons who have responsibilities as a carer.

s 49T: Ins 1982 No 142, Sch 1 (4). Rep 1994 No 28, Sch 3 (2). Ins 2000 No 24, Sch 1 [1]. Am 2013 No 38, Sch 1.1 [16] [17].