Preliminary Part I
Section 7A
the discriminator treats or would treat someone who is not
breastfeeding.
(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 breastfeeding 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 breastfeeding.
(3) To avoid doubt, a reference in this Act to breastfeeding includes
the act of expressing milk.
(4) To avoid doubt, a reference in this Act to breastfeeding includes:
(a) an act of breastfeeding; and
(b) breastfeeding over a period of time.
(5) This section has effect subject to sections 7B and 7D.
7A Discrimination on the ground of family responsibilities
For the purposes of this Act, an employer discriminates against an
employee on the ground of the employee’s family responsibilities
if:
(a) the employer treats the employee less favourably than the
employer treats, or would treat, a person without family
responsibilities in circumstances that are the same or not
materially different; and
(b) the less favourable treatment is by reason of:
(i) the family responsibilities of the employee; or
(ii) a characteristic that appertains generally to persons with
family responsibilities; or
(iii) a characteristic that is generally imputed to persons with
family responsibilities.
Sex Discrimination Act 1984
Compilation No. 42
Compilation date: 11/09/2021
Authorised Version C2021C00420 registered 08/10/2021
19
Registered: 08/10/2021