sec.8Meaning of discrimination on the basis of an attribute

### sec.8 Meaning of discrimination on the basis of an attribute Discrimination on the basis of an attribute includes direct and indirect discrimination on the basis of— a characteristic that a person with any of the attributes generally has; or a characteristic that is often imputed to a person with any of the attributes; or an attribute that a person is presumed to have, or to have had at any time, by the person discriminating; or an attribute that a person had, even if the person did not have it at the time of the discrimination. If an employer refused to consider a written application from a person called Viv because it assumed Viv was female, the employer would have discriminated on the basis of an attribute (female sex) that Viv (a male) was presumed to have. s 8 amd 2024 No. 47 s 7A (uncommenced amendment) - (a) a characteristic that a person with any of the attributes generally has; or - (b) a characteristic that is often imputed to a person with any of the attributes; or - (c) an attribute that a person is presumed to have, or to have had at any time, by the person discriminating; or - (d) an attribute that a person had, even if the person did not have it at the time of the discrimination. Example of paragraph (c) — If an employer refused to consider a written application from a person called Viv because it assumed Viv was female, the employer would have discriminated on the basis of an attribute (female sex) that Viv (a male) was presumed to have.