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

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