20Discrimination

20 Discrimination (1) For the purposes of this Act, discrimination includes: (a) any distinction, restriction, exclusion or preference made on the basis of an attribute that has the effect of nullifying or impairing equality of opportunity; and (b) harassment on the basis of an attribute, in an area of activity referred to in Part 4.

Anti-Discrimination Act 1992 20 (2) Without limiting the generality of subsection (1), discrimination takes place if a person treats or proposes to treat another person who has or had, or is believed to have or had: (a) an attribute; or (b) a characteristic imputed to appertain to an attribute; or (c) a characteristic imputed to appertain generally to persons with an attribute, less favourably than a person who has not, or is believed not to have, such an attribute. (3) For discrimination to take place, it is not necessary that: (a) the attribute is the sole or dominant ground for the less favourable treatment; or (b) the person who discriminates regards the treatment as less favourable. (4) The motive of a person alleged to have discriminated against another person is, for the purposes of this Act, irrelevant.