Prohibition of discrimination etc. Part II
Discrimination in other areas Division 2
Section 27
as the case requires, would not be requested or required to
provide the information in circumstances that are the same or
not materially different.
Example: Under section 14 of Division 1, it is unlawful to determine not to offer
employment to a woman because she is pregnant or might become
pregnant. Under this section, it is therefore also unlawful to ask a
woman during a job interview whether she is pregnant or intends to
become pregnant if that information is requested in connection with
determining whether to offer her employment.
(2) Nothing in subsection (1) renders it unlawful for a person to
request or require:
(a) a person of a particular sex to provide information
concerning such part of the last-mentioned person’s medical
history as relates to medical conditions that affect persons of
that sex only; or
(b) a person who is pregnant to provide medical information
concerning the pregnancy.
Note:
Information obtained under this subsection may be used provided the
use is not for the purpose of a discriminatory act that is unlawful
under any other section of this Act. For example, an employer may
use such information for a purpose connected with occupational health
and safety, but only if doing so does not amount to unlawful
discrimination.
Sex Discrimination Act 1984
Compilation No. 42
Compilation date: 11/09/2021
Authorised Version C2021C00420 registered 08/10/2021
41
Registered: 08/10/2021