Part 5BProhibition of discrimination on other grounds

Part 5B—Prohibition of discrimination on other grounds Division 1—Discrimination to which Part 5B applies 85T—Criteria for establishing discrimination on other grounds (1) In this Part— discriminate means— (a) discriminate on the ground of marital or domestic partnership status; or (b) discriminate on the ground of the identity of a spouse or domestic partner; or (c) discriminate on the ground of pregnancy; or (d) discriminate on the ground of association with a child; or (e) discriminate on the ground of caring responsibilities; or (f) discriminate on the ground of religious appearance or dress; or (g) discriminate on the ground of being, or having been, subjected to domestic abuse, and discrimination has a corresponding meaning. (2) For the purposes of this Act, a person discriminates on the ground of marital or domestic partnership status— (a) if he or she treats another unfavourably because of the other's marital or domestic partnership status or past or proposed marital or domestic partnership status; or (b) if he or she treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and— (i) the nature of the requirement is such that a substantially higher proportion of persons of a different marital or domestic partnership status comply, or are able to comply, with the requirement than of those of the other's marital or domestic partnership status; and (c) if he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons of that marital or domestic partnership status, or on the basis of a presumed characteristic that is generally imputed to persons of that marital or domestic partnership status; or (d) if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. (3) For the purposes of this Act, a person discriminates on the ground of the identity of a spouse or domestic partner if he or she treats another unfavourably because of the identity of the other's spouse or domestic partner, or former or proposed spouse or domestic partner. (4) For the purposes of this Act, a person discriminates on the ground of pregnancy— (a) if he or she treats a woman unfavourably because of her pregnancy or potential pregnancy; or (b) if he or she treats a pregnant woman unfavourably because she does not comply, or is not able to comply, with a particular requirement and— (i) the nature of the requirement is such that a substantially higher proportion of women who are not pregnant comply, or are able to comply, with the requirement than of those who are pregnant; and (c) if he or she treats a pregnant woman unfavourably on the basis of a characteristic that appertains generally to pregnant women, or on the basis of a presumed characteristic that is generally imputed to pregnant women; or (d) if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. (5) For the purposes of this Act, a person discriminates on the ground of association with a child— (a) if he or she treats another unfavourably because the person is breast feeding or bottle feeding an infant, or proposes to do so, or is, or proposes to be, accompanied by a child; or (b) if he or she treats another unfavourably because a relative or associate of the other is breast feeding or bottle feeding an infant, or proposes to do so, or is, or proposes to be, accompanied by a child. (6) For the purposes of this Act, a person discriminates on the ground of caring responsibilities— (a) if he or she treats another unfavourably because of the other's caring responsibilities or proposed caring responsibilities; or (b) if he or she treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and— (i) the nature of the requirement is such that a substantially higher proportion of persons without caring responsibilities comply, or are able to comply, with the requirement than of those with caring responsibilities; and (c) if he or she treats another unfavourably on the basis of a characteristic that appertains generally to persons with caring responsibilities, or on the basis of a presumed characteristic that is generally imputed to persons with caring responsibilities; or (d) if he or she treats another unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. (7) For the purposes of this Act, a person discriminates on the ground of religious appearance or dress— (a) if he or she treats another unfavourably because of the other's appearance or dress and that appearance or dress is required by, or symbolic of, the other's religious beliefs; or (b) if he or she requires a person to alter the person's appearance or dress and that appearance or dress is required by, or symbolic of, the other's religious beliefs; or (c) if he or she treats another unfavourably because of the appearance or dress of a relative or associate of the other and that appearance or dress is required by, or symbolic of, the relative or associate's religious beliefs. (8) For the purposes of this Act, a person discriminates on the ground of being, or having been, subjected to domestic abuse— (a) if the person treats another unfavourably because the other is, or has been, subjected to domestic abuse; or (b) if the person treats another unfavourably because the other does not comply, or is not able to comply, with a particular requirement and— (i) the nature of the requirement is such that a substantially higher proportion of persons who are not, or who have not been, subjected to domestic abuse comply, or are able to comply, with the requirement than those who are, or who have been, subjected to domestic abuse; and (c) if the person treats another unfavourably on the basis of a characteristic that appertains generally to persons who are, or who have been, subjected to domestic abuse, or on the basis of a presumed characteristic that is generally imputed to persons who are, or who have been, subjected to domestic abuse; or (d) if the person treats another (not being the perpetrator of domestic abuse) unfavourably because of an attribute of or a circumstance affecting a relative or associate of the other, being an attribute or circumstance described in the preceding paragraphs. 85U—Application of Division This Division applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy, caring responsibilities, religious appearance or dress or being, or having been, subjected to domestic abuse. 85V—Discrimination against applicants and employees (1) It is unlawful for an employer to discriminate against a person— (2) It is unlawful for an employer to discriminate against an employee— (b) by denying or limiting access to opportunities for promotion, transfer or training, or to other benefits connected with employment; or 85W—Discrimination against agents and independent contractors (2) It is unlawful for the principal to discriminate against a person— (3) It is unlawful for the principal to discriminate against an agent or independent contractor— (b) by denying or limiting access to opportunities for promotion, transfer or training or other benefits connected with the agent's or independent contractor's position; or 85X—Discrimination against contract workers (1) This section applies to a principal for whom work is done by persons (contract workers) under a contract between the principal and another where the contract workers are employed or engaged by a person other than the principal. (2) It is unlawful for a principal to enter into a contract or arrangement with another for work to be performed by contract workers under which a person is to discriminate against a contract worker. (3) It is unlawful for the principal to discriminate against a contract worker— 85Y—Discrimination within partnerships (1) It is unlawful for a firm, or a person promoting the formation of a firm, to discriminate against a person— (2) It is unlawful for a firm to discriminate against a partner— 85Z—Exemptions (b) a principal engaging a natural person as an independent contractor for purposes not connected with a business carried on by the principal. (2) This Division does not apply to discrimination against same sex domestic partners on the ground of marital or domestic partnership status in relation to employment or engagement for the purposes of an educational institution administered in accordance with the precepts of a particular religion if Part 3 Division 2 does not apply in relation to discrimination on the ground of sexual orientation in relation to the employment or engagement (see section 34(3)). (3) This Division does not apply to discrimination against a pregnant woman on the ground of pregnancy if— (a) the discrimination is based on the fact that the woman is not, or would not be, able— (i) to perform adequately, and without endangering herself, the unborn child or other persons, the work genuinely and reasonably required of her; or (ii) to respond adequately to situations of emergency that should reasonably be anticipated in connection with her duties; and (b) in the case of discrimination arising out of dismissal from employment— (i) there is no other work that the employer could reasonably be expected to offer the woman; and (ii) the woman has been offered leave for the period that would result in her being unable— (A) to perform adequately, and without endangering herself, the unborn child or other persons, the work genuinely and reasonably required of her; or (B) to respond adequately to situations of emergency that should reasonably be anticipated in connection with her duties, and the woman has declined to take the leave. (4) This Division does not apply to discrimination on the ground of religious appearance or dress if, by reason of the person's appearance or dress, the person is not, or would not be, able— (a) to perform adequately, and without endangering himself or herself or other persons, the work genuinely and reasonably required for the employment or position in question; or (b) to respond adequately to situations of emergency that should reasonably be anticipated in connection with the employment or position in question. (5) This Division does not apply to discrimination on the ground of religious appearance or dress in relation to employment or engagement if the discrimination is for the purposes of enforcing a standard of appearance or dress reasonably required for the employment or engagement. 85ZA—Application of Division This Division applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy, caring responsibilities or being, or having been, subjected to domestic abuse. 85ZB—Discrimination by associations (a) against an applicant for membership— (i) by refusing or failing to admit the applicant to membership, or to a particular class of membership, of the association; or (ii) in the terms on which the applicant is, or may be, admitted to membership, or to a particular class of membership; or (b) against a member of the association— (2) This section does not render unlawful an association established— (a) for persons of a particular marital or domestic partnership status; or (b) for spouses or domestic partners of a particular class; or (c) for persons with caring responsibilities or particular caring responsibilities; or (d) for persons who are, or who have been, subjected to domestic abuse or domestic abuse of a particular kind, and, consequently, such an association may discriminate against an applicant for membership so as to exclude from membership persons other than those for whom the association is established. (3) This section does not apply to discrimination against same sex domestic partners on the ground of marital or domestic partnership status if the association is administered in accordance with the precepts of a particular religion and the discrimination is founded on the precepts of that religion. 85ZC—Discrimination by qualifying bodies It is unlawful for an authority or body empowered to confer an authorisation or qualification that is needed for, or facilitates, the practice of a profession, or the carrying on or engaging in of a trade or occupation, to discriminate against a person— 85ZD—Application of Division This Division applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy, caring responsibilities, religious appearance or dress or being, or having been, subjected to domestic abuse. 85ZE—Discrimination by educational authorities (1) It is unlawful for an educational authority to discriminate against a person— (2) It is unlawful for an educational authority to discriminate against a student— (3) This section does not apply to discrimination against a pregnant woman on the ground of pregnancy in respect of participation in a particular activity or admission as a student to a course requiring participation in a particular activity if the woman is not, or would not be, able— (a) to perform adequately, and without endangering herself, the unborn child or other persons, the activity; or (b) to respond adequately to situations of emergency that should reasonably be anticipated in connection with the activity. (4) This section does not apply to discrimination on the ground of religious appearance or dress in respect of participation in a particular activity if, by reason of the person's appearance or dress, the person is not, or would not be, able— (a) to perform adequately, and without endangering himself or herself or other persons, the activity; or (b) to respond adequately to situations of emergency that should reasonably be anticipated in connection with the activity. (5) This section does not render unlawful an act of discrimination by an educational authority administered in accordance with the precepts of a particular religion against a student or potential student because the student or potential student appears or dresses, or wishes to appear or dress, in a manner required by, or symbolic of, a different religion. 85ZF—Discrimination by person disposing of interest in land (1) This section applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy, caring responsibilities or being, or having been, subjected to domestic abuse. (2) It is unlawful for a person to discriminate against another— (3) This section does not apply to the disposal of an interest in land by way of, or under, a testamentary disposition or gift. 85ZG—Discrimination in provision of goods and services (1) This section applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy, association with a child, caring responsibilities or being, or having been, subjected to domestic abuse. (2) It is unlawful for a person who offers or provides— (whether for payment or not) to discriminate against another— 85ZH—Discrimination in relation to accommodation (1) This section applies to discrimination on the ground of marital or domestic partnership status, identity of spouse or domestic partner, pregnancy, caring responsibilities or being, or having been, subjected to domestic abuse. (2) It is unlawful for a person to discriminate against another— (c) by deferring such an application or according the applicant a lower order of precedence on a list of applicants for that accommodation. (3) It is unlawful for a person to discriminate against a person for whom accommodation has been provided— (4) This section does not apply to discrimination in relation to the provision of accommodation if the person who provides, or proposes to provide, the accommodation, or a near relative of that person, resides, and intends to continue to reside, in the same household as the person requiring the accommodation. (5) This section does not apply to discrimination on the ground of marital or domestic partnership status, pregnancy or caring responsibilities in relation to the provision of accommodation by an organisation that does not seek to secure a pecuniary profit for its members, if that accommodation is provided only for persons of a particular marital or domestic partnership status, pregnant women or persons with caring responsibilities. (6) This section does not apply to discrimination on the ground of being, or having been, subjected to domestic abuse in relation to the provision of accommodation by an organisation that does not seek to secure a pecuniary profit for its members, if that accommodation is provided only for persons who are, or who have been, subjected to domestic abuse or domestic abuse of a particular kind. Division 6—General exemptions from Part 5B 85ZI—Charities (a) affect a provision in a charitable instrument for conferring benefits wholly or mainly on— (i) persons of a particular marital or domestic partnership status; or (ii) pregnant women; or (iii) spouses or domestic partners of persons of a particular class; or (iv) persons with caring responsibilities or particular caring responsibilities; or (v) persons who are, or who have been, subjected to domestic abuse; or 85ZJ—Rights in connection with pregnancy This Part does not render unlawful the granting to women of rights or privileges in connection with pregnancy or childbirth. 85ZK—Measures intended to achieve equality This Part does not render unlawful an act done for the purpose of carrying out a scheme or undertaking intended to ensure that persons of a particular marital or domestic partnership status, persons with caring responsibilities, or persons who are, or who have been, subjected to domestic abuse, have equal opportunities with, respectively, persons of another marital or domestic partnership status, persons without caring responsibilities, or persons who are not, or who have not been, subjected to domestic abuse, in any of the circumstances to which this Part applies. 85ZL—Exemption relating to identity of spouse or domestic partner This Part does not apply to discrimination on the ground of the identity of a spouse or domestic partner if the discrimination is, having regard to all the circumstances of the particular case, reasonably necessary to preserve confidentiality, avoid conflicts of interest or nepotism or reasonably apprehended conflicts of interest or nepotism or protect the health or safety of persons. 85ZM—Religious bodies This Part does not render unlawful discrimination on the ground of marital or domestic partnership status in relation to— (a) the ordination or appointment of priests, ministers of religion or members of a religious order; or (b) the training or education of persons seeking ordination or appointment as priests, ministers of religion or members of a religious order. 85ZN—Exemption relating to religious appearance or dress This Part does not apply to discrimination on the ground of religious appearance or dress if the discrimination arises as a consequence of a person refusing to reveal his or her face in circumstances in which the person has been requested to do so for the purpose of verifying the identity of the person, and the request was reasonable in the circumstances. 85ZO—Exemption relating to domestic abuse This Part does not apply to discrimination on the ground of being, or having been, subjected to domestic abuse in relation to the employment or engagement of a person to perform duties involving the care of a child at a place where the child resides.