Part I Preliminary
Section 7
7 Discrimination on the ground of pregnancy or potential pregnancy
(1) For the purposes of this Act, a person (the discriminator)
discriminates against a woman (the aggrieved woman) on the
ground of the aggrieved woman’s pregnancy or potential
pregnancy if, because of:
(a) the aggrieved woman’s pregnancy or potential pregnancy; or
(b) a characteristic that appertains generally to women who are
pregnant or potentially pregnant; or
(c) a characteristic that is generally imputed to women who are
pregnant or potentially pregnant;
the discriminator treats the aggrieved woman less favourably than,
in circumstances that are the same or are not materially different,
the discriminator treats or would treat someone who is not pregnant
or potentially pregnant.
(2) For the purposes of this Act, a person (the discriminator)
discriminates against a woman (the aggrieved woman) on the
ground of the aggrieved woman’s pregnancy or potential
pregnancy if the discriminator imposes, or proposes to impose, a
condition, requirement or practice that has, or is likely to have, the
effect of disadvantaging women who are pregnant or potentially
pregnant.
(3) This section has effect subject to sections 7B and 7D.
7AA Discrimination on the ground of breastfeeding
(1) For the purposes of this Act, a person (the discriminator)
discriminates against a woman (the aggrieved woman) on the
ground of the aggrieved woman’s breastfeeding if, by reason of:
(a) the aggrieved woman’s breastfeeding; or
(b) a characteristic that appertains generally to women who are
breastfeeding; or
(c) a characteristic that is generally imputed to women who are
breastfeeding;
the discriminator treats the aggrieved woman less favourably than,
in circumstances that are the same or are not materially different,
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Compilation No. 42
Sex Discrimination Act 1984
Compilation date: 11/09/2021
Authorised Version C2021C00420 registered 08/10/2021
Registered: 08/10/2021