Australian Capital Territory Current Acts

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DISCRIMINATION ACT 1991 - SECT 10

Applicants and employees

    (1)     It is unlawful for an employer to discriminate against a person—

        (a)     in the arrangements made for the purpose of deciding who should be offered employment; or

        (b)     in deciding who should be offered employment; or

        (c)     in the terms or conditions on which employment is offered.

    (2)     It is unlawful for an employer to discriminate against an employee—

        (a)     in the terms or conditions of employment that the employer affords the employee; or

        (b)     by denying the employee access, or limiting the employee's access, to opportunities for promotion, transfer or training or to any other benefit associated with employment; or

        (c)     by dismissing the employee; or

        (d)     by subjecting the employee to any other detriment.

    (3)     To remove any doubt, an employer discriminates against an employee if the employer denies the employee access to a benefit associated with employment because the employee is in a same-sex relationship.

Example of discrimination

denying an employee who is in a same-sex relationship access to parental leave that is available to other parents

    (4)     Subsection (3) is in addition to, and does not limit, any other provision of this Act that provides what is, or is not, discrimination under this Act.



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