Victorian Numbered Acts

EQUAL OPPORTUNITY ACT 2010 (NO. 16 OF 2010) - SECT 9

    (1)     Indirect discrimination occurs if a person imposes, or proposes to impose, a requirement, condition or practice—

        (a)     that has, or is likely to have, the effect of disadvantaging persons with an attribute; and

        (b)     that is not reasonable.

    (2)         The person who imposes, or proposes to impose, the requirement, condition or practice has the burden of proving that the requirement, condition or practice is reasonable.

    (3)     Whether a requirement, condition or practice is reasonable depends on all the relevant circumstances of the case, including the following—

        (a)     the nature and extent of the disadvantage resulting from the imposition, or proposed imposition, of the requirement, condition or practice;

        (b)     whether the disadvantage is proportionate to the result sought by the person who imposes, or proposes to impose, the requirement, condition or practice;

        (c)             the cost of any alternative requirement, condition or practice;

        (d)     the financial circumstances of the person imposing, or proposing to impose, the requirement, condition or practice;

        (e)     whether reasonable adjustments or reasonable accommodation could be made to the requirement, condition or practice to reduce the disadvantage caused, including the availability of     an alternative requirement, condition or practice that would achieve the result sought by the person imposing, or proposing to impose, the requirement, condition or practice but would result in less disadvantage.

    (4)     In determining whether a person indirectly discriminates it is irrelevant whether or not that person is aware of the discrimination.

Examples

1     A store requires customers to produce photographic identification in the form of a driver's licence before collecting an order. This may disadvantage a person with a visual impairment who is not eligible to hold a driver's licence. The store's requirement may not be reasonable if the person with a visual impairment can provide an alternative form of photographic identification.

2     An advertisement for a job as a cleaner requires an applicant to speak and read English fluently. This may disadvantage a person on the basis of his or her race. The requirement may not be reasonable if speaking and reading English fluently is not necessary to perform the job.