49ZHDiscrimination against applicants and employees

#### 49ZH Discrimination against applicants and employees 49ZH Discrimination against applicants and employees > > (1) It is unlawful for an employer to discriminate against a person on the ground of homosexuality— > > > > > (a) in the arrangements the employer makes for the purpose of determining who should be offered employment, > > > > > (b) in determining who should be offered employment, or > > > > > (c) in the terms on which the employer offers employment. > > > (2) It is unlawful for an employer to discriminate against an employee on the ground of homosexuality— > > > > > (a) in the terms or conditions of employment which the employer affords the employee, > > > > > (b) by denying the employee access, or limiting the employee’s access, to opportunities for promotion, transfer or training, or to any other benefits associated with employment, or > > > > > (c) by dismissing the employee or subjecting the employee to any other detriment. > > > (3) Subsections (1) and (2) do not apply to employment— > > > > > (a) for the purposes of a private household, > > > > > (b) where the number of persons employed by the employer, disregarding any persons employed within the employer’s private household, does not exceed 5, or > > > > > (c) by a private educational authority. > > > (4) For the purposes of subsection (3) (b), a corporation shall be regarded as the employer of the employees of any other corporation which, with respect to the firstmentioned corporation, is a related body corporate within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth. > > **s 49ZH:** Ins 1982 No 142, Sch 2 (2). Am 1994 No 28, Schs 4 (18), 5 (2) (3) (5) (18); 1997 No 9, Sch 1 \[11\]; 2001 No 34, Sch 4.2 \[7\].