[HRA 22] LAWS OF FIJI s 22 might amount to unfair discrimination, from time to time issue non-binding guidelines on genuine occupational qualifications and genuine justification. [HRA 23] Social justice and affirmative action 23 A programme, whether provided by the Government or by the private sector, designed to achieve for any groups or categories of persons who are disadvantaged effective equality of access to the areas set out in section 19(3) is not unfair discrimination. [HRA 24] Victimisation 24 It is unfair discrimination for a person while involved in any of the areas set out in section 19(3) to victimise any other person on the ground that that person, or a relative or associate of that person— (a) intends to make use of his or her rights under this Act or any other written law; (b) has made use of his or her rights, or promoted the rights of some other person, under this Act or any other written law; (c) has given information or evidence in relation to any complaint, investigation or proceeding under this Act or any other written law; (d) has declined to do any act which would contravene this Act or any other written law; or (e) has otherwise done anything under or by reference to this Act or any other written law. [HRA 25] Employment applications and advertisements 25 (1) It is unfair discrimination— (a) to use or circulate any form of application, or to make any enquiry of or about any person seeking employment, which indicates, or could reasonably be understood as indicating, an intention directly or indirectly to differentiate adversely by reason of a prohibited ground of discrimination; or (b) to publish or display, or cause or allow to be published or displayed, any advertisement or notice which indicates, or could reasonably be understood as indicating, an intention to differentiate adversely by reason of a prohibited ground of discrimination. (2) Subsection (1) does not affect the operation of sections 20, 21 and 23. [HRA 26] Liability of employers and principals 26 (1) Subject to subsection (3), anything done or omitted by a person as an employee of another person is, for the purposes of this Act, to be treated as done or omitted by the other person as well as by the first mentioned person, whether or not it was done with that other person’s knowledge or approval. (2) Anything done or omitted by a person as the agent of another person is, for the purposes of this Act, to be treated as done or omitted by that other person as well as by the first mentioned person, unless it was done or omitted without that other person’s express or implied authority, previous or subsequent. (3) In proceedings under this Act against any person in respect of an act alleged to have been done or omitted by an employee of that person, it is a defence for that person to Service 0 10,602 Job: specialist/lof/allvols/serv_0/cap3a_399501 Page: 14 Date: 21/11/2016 Time: 23:31:5 bwpageid:: 10602:: bwservice::0::