Discrimination on the ground of marital status
9 Discrimination on the ground of marital status
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 the marital status of the aggrieved person if, on the ground of —
the marital status of the aggrieved person; or
a characteristic that appertains generally to persons of the marital status of the aggrieved person; or
a characteristic that is generally imputed to persons of the marital status of 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 of a different marital status.
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 the marital status of the aggrieved person if the discriminator requires the aggrieved person to comply with a requirement or condition —
with which a substantially higher proportion of persons not of the same marital status 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.
[Section 9 amended: No. 74 of 1992 s. 40.]
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