Exceptions to unlawful discrimination

There are a number of exceptions where it is lawful to treat people differently on the basis of a normally prohibited ground of discrimination.

In some circumstances, different treatment of employees on one of the prohibited grounds of discrimination is lawful. In some of these situations people may need to provide evidence of, for example, their religious belief or their sex.

An exception to unlawful discrimination won’t apply if only some of the duties of the job fall within an exception and it wouldn’t unreasonably disrupt the employer’s business for the employer to give those duties to another employee.

The following are areas where exceptions may apply:

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