Queensland Consolidated Acts

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ANTI-DISCRIMINATION ACT 1991 - SECT 8

Meaning of discrimination on the basis of an attribute

8 Meaning of discrimination on the basis of an attribute


"Discrimination on the basis of an attribute" includes direct and indirect discrimination on the basis of—

(a) a characteristic that a person with any of the attributes generally has; or
(b) a characteristic that is often imputed to a person with any of the attributes; or
(c) an attribute that a person is presumed to have, or to have had at any time, by the person discriminating; or
(d) an attribute that a person had, even if the person did not have it at the time of the discrimination.
Example of paragraph (c)—
If an employer refused to consider a written application from a person called Viv because it assumed Viv was female, the employer would have discriminated on the basis of an attribute (female sex) that Viv (a male) was presumed to have.



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