Discrimination and grounds for discrimination

The prohibition of discrimination covers discrimination related to sex, transgender identity or expression, ethnicity, religion or other belief, disability or sexual orientation, and in some cases to age.

In the Discrimination Act  discrimination has the meaning set out in this Section.

1. Direct discrimination: that someone is disadvantaged by being treated less favourably than someone else is treated, has been treated or would have been treated in a comparable situation, if this disadvantaging is associated with sex, transgender identity or expression, ethnicity, religion or other belief, disability, sexual orientation or age.

2. Indirect discrimination: that someone is disadvantaged by the application of a provision, a criterion or a procedure that appears neutral but that may put people of a certain sex, a certain transgender identity or expression, a certain ethnicity, a certain religion or other belief, a certain disability, a certain sexual orientation or a certain age at a particular disadvantage, unless the provision, criterion or procedure has a legitimate purpose and the means that are used are appropriate and necessary to achieve that purpose.

3. Harassment: conduct that violates a person’s dignity and that is associated with one of the grounds of discrimination sex, transgender identity or expression, ethnicity, religion or other belief, disability, sexual orientation or age.

4. Sexual harassment: conduct of a sexual nature that violates someone’s dignity.

5. Instructions to discriminate: orders or instructions to discriminate against someone in a manner referred to in points 1–4 that are given to someone who is in a subordinate or dependent position relative to the person who gives the orders or instructions or to someone who has committed herself or himself to performing an assignment for that person.

Sex, transgender identity or expression, ethnicity, disability, sexual orientation and age

Section 5 In this Act the following terms have the meaning set out in this Section.

1. Sex: that someone is a woman or a man.

2. Transgender identity or expression: that someone does not identify herself or himself as a woman or a man or expresses by their manner of dressing or in some other way that they belong to another sex.

3. Ethnicity: national or ethnic origin, skin colour or other similar circumstance.

4. Disability: permanent physical, mental or intellectual limitation of a person’s functional capacity that as a consequence of injury or illness existed at birth, has arisen since then or can be expected to arise.

5. Sexual orientation: homosexual, bisexual or heterosexual orientation.

6. Age: length of life to date.

A person who intends to change or has changed the sex they belong to is also covered by sex as a grounds of discrimination.

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