Indirect discrimination
15 Indirect discrimination
takes place if a person imposes a condition, requirement or practice which is unreasonable in the circumstances and has the effect of disadvantaging a member of a group of people who – share, or are believed to share, a prescribed attribute; or share, or are believed to share, any of the characteristics imputed to that attribute – more than a person who is not a member of that group.
For indirect discrimination to take place, it is not necessary that the person who discriminates is aware that the condition, requirement or practice disadvantages the group of people.
This provision refers to the regulations (prescribed attribute
). Made under this Act:
- Proclamation under the Anti-Discrimination Act 1998 (SR 1999 No. 142) · Statutory Rule · under section 2
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.