This legislation has been repealed.
Exception-gender identity27B. Exception-gender identity (1) An employer may discriminate against another person on the basis of gender identity in any of the areas specified in section 13 or 14 if- (a) the person does not give the employer adequate notice of the person's gender identity; or (b) the person gives the employer adequate notice of the person's gender identity but it is unreasonable in the circumstances for the employer not to discriminate against the person. (2) In determining whether or not it is unreasonable for the employer not to discriminate against the person, all relevant facts and circumstances must be considered, including- (a) the cost to the employer of not discriminating; (b) the feasibility of the employer not discriminating; (c) the financial impact on the employer of not discriminating; (d) the financial circumstances of the employer; (e) the impact of the proposed discrimination on the person; (f) any other relevant factors.