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Section : 5B Discrimination on the ground of gender identity
Domain : Human Resource Management
Classification : Not Identified

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  • (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 gender identity if, by reason of:
  1. (a) the aggrieved person's gender identity; or
  2. (b) a characteristic that appertains generally to persons who have the same gender identity as the aggrieved person; or
  3. (c) a characteristic that is generally imputed to persons who have the same gender identity 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 gender identity.

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