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Discrimination Act 1991
8Meaning of discrimination
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8 Meaning of discrimination
(1) For this Act, discrimination occurs when a person discriminates
either directly or indirectly, or both, against someone else.
(2) For this section, a person directly discriminates against someone else
if the person treats, or proposes to treat, another person unfavourably
because the other person has 1 or more protected attributes.
(3) For this section, a person indirectly discriminates against someone
else if the person imposes, or proposes to impose, a condition or
requirement that has, or is likely to have, the effect of disadvantaging
the other person because the other person has 1 or more protected
attributes.
(4) However, a condition or requirement does not give rise to indirect
discrimination if it is reasonable in the circumstances.
(5) In deciding whether a condition or requirement is reasonable in the
circumstances, the matters to be taken into account include—
(a) the nature and extent of any disadvantage that results from
imposing the condition or requirement; and
(b) the feasibility of overcoming or mitigating the disadvantage; and
(c) whether the disadvantage is disproportionate to the result sought
by the person who imposes, or proposes to impose, the condition
or requirement.