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55. Discrimination

(1) An Employer must not discriminate against an Employee regarding employment or any term or condition of employment on the grounds of the Employee's —
(a) sex;
(b) marital status;
(c) race;
(d) nationality;
(e) religion;
(f) age; and/or
(g) disability.
(2) Discrimination for the purposes of subsection (1) means where —
(a) an Employee is treated less favourably than others would be treated in the same circumstances on one of the prohibited grounds in subsection (1);
(b) in respect of the application of the same provision, criterion, or practice, an Employee is put at a disadvantage not faced by others who are not of that sex, marital status, race, nationality, religion or age, or suffering from a disability as applicable; or
(c) on grounds of one of the prohibited grounds in subsection (1), an Employee is subjected to unwanted treatment or conduct which has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive workplace.
(3) For the purposes of subsection (2)(b), a provision, criterion or practice is discriminatory in relation to any of the grounds specified in subsection (1) as relevant, if —
(a) an Employer applies, or would apply it, to persons who do not share the characteristics of such Employee;
(b) it puts, or would put, persons with whom the Employee shares the characteristic at a particular disadvantage when compared with persons with whom the Employee does not share it;
(c) it puts, or would put, the Employee at that disadvantage; and
(d) the Employer cannot show it to be a proportionate means of achieving a legitimate aim.
(4) An Employer may apply a bona-fide occupational requirement to subsections(2)(a)and (b). A bona-fide occupational requirement is a requirement reasonably necessary for the normal performance of a particular role or occupation.
(5) For the purposes of this section 55, an Employer discriminates against an Employee with a disability if a physical feature of the workplace or an applicable provision, criterion or practice puts the disabled Employee at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, and the Employer fails to take such steps as it is reasonable to have to take to avoid the disadvantage.
(6) For the purposes of this section 55, an Employer shall not be liable for discrimination on grounds of age if it places an Employee (A) at a disadvantage when compared with another Employee of a different age (B), in relation to the provision of any benefits, facilities or services for Employees insofar as that disadvantage is because A has a shorter length of service than B provided that the Employer can show that either —
(a) A has continuous service with the Employer of 5 years or less; or
(b) the Employer reasonably believes that the arrangements for the provision of the relevant benefits, facilities or services fulfil a business need.
(7) No provision in section 55 precludes any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups, including those that are disadvantaged because of disability.