Discrimination on ground of impairment
66A Discrimination on ground of impairment
For the purposes of this Act, a person (in this subsection referred to as the discriminator) discriminates against another person (in this subsection referred to as the aggrieved person) on the ground of impairment if, on the ground of —
the impairment of the aggrieved person; or
a characteristic that appertains generally to persons having the same impairment as the aggrieved person; or
a characteristic that is generally imputed to persons having the same impairment as the aggrieved person; or
a requirement that the aggrieved person be accompanied by or in possession of any palliative device in respect of that person’s impairment,
the discriminator treats the aggrieved person less favourably than in the same circumstances, or in circumstances that are not materially different, the discriminator treats or would treat a person who does not have such an impairment.
For the purposes of this Act, a person (in this subsection referred to as the discriminator) discriminates against another person (in this subsection referred to as the aggrieved person) on the ground of impairment if, on the ground of —
the impairment of; or
a characteristic that appertains generally to persons having the same impairment as; or
a characteristic that is generally imputed to persons having the same impairment as,
any relative or associate of the aggrieved person, the discriminator treats the aggrieved person less favourably than in the same circumstances, or in circumstances that are not materially different, the discriminator treats or would treat a person who does not have such an impairment.
For the purposes of subsection (1) or (1a), circumstances in which a person treats or would treat another person who has, or has a relative or associate who has, an impairment are not materially different by reason of the fact that different accommodations or services may be required by the person who has an impairment.
For the purposes of this Act, a person (in this subsection referred to as the discriminator) discriminates against another person (in this subsection referred to as the aggrieved person) on the ground of impairment if the discriminator requires the aggrieved person to comply with a requirement or condition —
with which a substantially higher proportion of persons who do not have the same impairment as the aggrieved person comply or are able to comply; and
which is not reasonable having regard to the circumstances of the case; and
with which the aggrieved person does not or is not able to comply.
For the purposes of this Act, a person (in this subsection referred to as the discriminator) discriminates against another person who is blind, deaf, partially blind or partially deaf (in this subsection referred to as the aggrieved person) if the discriminator treats the aggrieved person less favourably on the ground of the fact that the aggrieved person possesses, or is accompanied by, a guide dog or hearing dog, or on the ground of any matter related to that fact, whether or not it is the discriminator’s practice to treat less favourably any person who possesses, or is accompanied by, a dog, but nothing in this Act affects the liability of the aggrieved person for any injury, loss or damage caused by the guide dog or hearing dog.
[Section 66A inserted: No. 40 of 1988 s. 8; amended: No. 74 of 1992 s. 17 and 40.]
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