Section 5: Direct discrimination

5. Direct discrimination (1) A person (“the discriminator”) discriminates directly against another person (“the aggrieved person”) on the ground of the status of the aggrieved person where— (a) in the same or similar circumstances, the discriminator treats or proposes to treat the aggrieved person less favourably than he treats or would treat a person of a different status; and (b) the discriminator does so by reason of— (i) the status of the aggrieved person; or (ii) a characteristic that generally appertains or is imputed to persons of the status of the aggrieved person. (2) In determining whether the discriminator directly discriminates, it is irrelevant— (a) whether or not he is aware of the discrimination or considers the treatment less favourable; continued on page E13A – 7 [Issue 4] E13A – 6 Revised Laws of Mauritius (b) whether or not the status of the aggrieved person is the only or dominant reason for the discrimination, as long as it is a substantial reason. (3) (a) A discriminator is deemed to discriminate on the ground of sex where he acts as he does because of— (i) the pregnancy, family responsibility or potential pregnancy of the aggrieved person; or (ii) a characteristic of the aggrieved person that generally appertains, or is imputed, to a person who is pregnant, has family responsibility or is potentially pregnant. (b) For the purposes of paragraph (a)— “family responsibility” means the responsibility of a person to care for or support— (i) a dependent child; or (ii) any other immediate family member who is in need of care or support; “potential pregnancy” means the fact that a woman— (i) is or may be capable of bearing children; (ii) has expressed a desire to become pregnant; or (iii) is likely, or is perceived as being likely, to become pregnant.