How Is Discrimination Described in the Act?
The Act describes discrimination in terms of the behaviour of Person A towards Person B.
Person A’s behaviour will be unlawful:
in certain situations; and
despite the main reason for the behaviour being unrelated to being discriminatory.
Certain situations
The Act makes certain behaviours unlawful in certain situations involving behaviour by:
an employer,
a principal (contractor),
a firm of 6 or more partners (or alternatively, by one or more of those partners within the partnership),
local government councillors,
industrial organisations (for example, a union),
qualifying bodies (for example, entities that grant licences),
employment agencies,
an educational authority,
someone providing goods and services,
someone offering accommodation, and
registered clubs.
The main reason for the behaviour
It doesn’t matter whether discriminating against Person B was the main reason for Person A’s behaviour.
It is enough that one of the reasons for engaging in that behaviour was to discriminate against Person B on the basis of disability.