Preliminary Part I
Section 5A
(2) For the purposes of this Act, a person (the discriminator)
discriminates against another person (the aggrieved person) on the
ground of the sex of the aggrieved person if the discriminator
imposes, or proposes to impose, a condition, requirement or
practice that has, or is likely to have, the effect of disadvantaging
persons of the same sex as the aggrieved person.
(3) This section has effect subject to sections 7B and 7D.
5A Discrimination on the ground of sexual orientation
(1) For the purposes of this Act, a person (the discriminator)
discriminates against another person (the aggrieved person) on the
ground of the aggrieved person’s sexual orientation if, by reason
of:
(a) the aggrieved person’s sexual orientation; or
(b) a characteristic that appertains generally to persons who have
the same sexual orientation as the aggrieved person; or
(c) a characteristic that is generally imputed to persons who have
the same sexual orientation as the aggrieved person;
the discriminator treats the aggrieved person less favourably than,
in circumstances that are the same or are not materially different,
the discriminator treats or would treat a person who has a different
sexual orientation.
(2) For the purposes of this Act, a person (the discriminator)
discriminates against another person (the aggrieved person) on the
ground of the aggrieved person’s sexual orientation if the
discriminator imposes, or proposes to impose, a condition,
requirement or practice that has, or is likely to have, the effect of
disadvantaging persons who have the same sexual orientation as
the aggrieved person.
(3) This section has effect subject to sections 7B and 7D.
Sex Discrimination Act 1984
Compilation No. 42
Compilation date: 11/09/2021
Authorised Version C2021C00420 registered 08/10/2021
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Registered: 08/10/2021