Victorian Repealed Acts

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This legislation has been repealed.

Equal Opportunity Act 1995 - SECT 27B

Exception-gender identity

27B. 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.



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