(1) An employer or prospective employer must not engage in discriminatory conduct for a prohibited reason.
(2) For the purposes of this subdivision, an employer or prospective employer engages in discriminatory conduct if—
(a) the employer of an employee—
(i) dismisses the employee, injures an employee in the employment of the employer or alters the position of the employee to the employee's detriment; or
(ii) threatens to do any of those things to the employee; or
(b) the employer or prospective employer of the prospective employee refuses or fails to offer employment to the prospective employee, or treats the prospective employee less favourably than another prospective employee would be treated in offering terms of employment.
S. 78B inserted by No. 34/2009 s. 6.