Section 7: Discrimination by victimisation
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
7. Discrimination by victimisation
(1) Subject to subsection (2), a person (“the discriminator”) discriminates
by victimisation against another person (“the aggrieved person”) where he
subjects or threatens to subject the aggrieved person to any detriment or
where he treats the aggrieved person less favourably than in those circumstances he treats or would treat other persons, and does so—
(a) on the ground that the aggrieved person—
(i) has made, or proposes to make, a complaint against the
discriminator or any other person under this Act;
(ii) has brought, or proposes to bring proceedings under this
Act against the discriminator or any other person;
(iii) has furnished or proposes to furnish, any information or
has produced, or proposes to produce a document to a
person exercising or performing any power or function under this Act;
(iv) has attended or proposes to attend an inquiry under this
Act or to provide evidence or testimony as a witness; or
(v) has made in good faith an allegation that the discriminator
or any other person has committed an act of discrimination
in contravention of this Act; or
(b) on the ground that the discriminator believes that the aggrieved
person has done or proposes to do any of the things referred to
in paragraph (a).
(2) Subsection (1) does not apply to the treatment of a person by reason
of any allegation made by him where the allegation was false and not made
in good faith.
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Questions this section answers
- Can I be punished or treated worse for making a genuine discrimination complaint?