“29. (1) A person (a ‘service-provider’) concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against a person requiring the service by not providing the person with the service.
(2) A service-provider (A) must not, in providing the service, discriminate against a person (B)—
(a) as to the terms on which A provides the service to B;
(b) by terminating the provision of the service to B;
(c) by subjecting B to any other detriment. …”
(Subsections (3), (4) and (5) prohibit harassment and victimisation by a service-provider.)
119. Part 4 makes the same or similar provision in relation to persons disposing of (for example, by selling or letting) or managing premises.
120. Part 5 (see also Schedules 6, 7, 8 and 9) makes it unlawful to discriminate against, harass or victimise a person at work or in some forms of employment. It regulates prohibited conduct against prospective, existing and former employees and other workers, and applies to all employers, to partnerships, the police, the Bar, advocates, officeholders, appointments (etc) to public offices, qualification bodies, employment service-providers, trade organisations, and local authorities. In the ordinary employment context, section 39(1) and (2) prohibits discrimination by employers against applicants for employment and employees, in summary, in deciding who should be offered employment, in the terms of employment afforded, in dismissing a person or in subjecting that person to any other detriment.
121. This Part also contains provisions relating to equal pay between men and women. By section 64, these provisions (sections 66 to 70) apply where, “(1) … (a) a person (A) is employed on work that is equal to the work that a comparator of the opposite sex (B) does; (b) a person (A) holding a personal or public office does work that is equal to the work that a comparator of the opposite sex (B) does”. Section 65 defines equal work for these purposes, including where work is rated as equivalent by a job evaluation study or where it would have been rated as equal were the evaluation not made on a “sex-specific system” (ie a system that sets values on demands made on a worker that are “for men different from those it sets for women”): see section 65(4) and (5).
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