Page:Promotion of Equality and Prevention of Unfair Discrimination Act 2000.pdf/18



ILLUSTRATIVE LIST OF UNFAIR PRACTICES IN CERTAIN SECTORS (Section 29)

Labour and employment

 1. (a) Creating artificial barriers to equal access to employment opportunities by using certain recruitment and selection procedures.

 (b) Applying human resource utilisation, development, promotion and retention practices which unfairly discriminate against persons from groups identified by the prohibited grounds.

 (c) Failing to respect the principle of equal pay for equal work.

 (d) Perpetuating disproportionate income differentials deriving from past unfair discrimination.

Education

 2. (a) Unfairly excluding learners from educational institutions, including learners with special needs.

 (b) Unfairly withholding scholarships, bursaries, or any other form of assistance from learners of particular groups identified by the prohibited grounds.

 (c) The failure to reasonably and practicably accommodate diversity in education.

Health care services and benefits

 3. (a) Subjecting persons to medical experiments without their informed consent.

 (b) Unfairly denying or refusing any person access to health care facilities or failing to make health care facilities accessible to any person.

 (c) Refusing to provide emergency medical treatment to persons of particular groups identified by one or more of the prohibited grounds.

 (d) Refusing to provide reasonable health services to the elderly.

Housing, accommodation, land and property

 4. (a) Arbitrary eviction of persons on one or more of the prohibited grounds.

 (b) “Red-lining” on the grounds of race and social status.

 (c) Unfair discrimination in the provision of housing bonds, loans or financial assistance on the basis of race, gender or other prohibited grounds.

 (d) Failing to reasonably accommodate the special needs of the elderly.

Insurance services

<p style="margin-top:0"> 5. (a) Unfairly refusing on one or more of the prohibited grounds to provide or to make available an insurance policy to any person.

<p style="margin-top:0"> (b) Unfair discrimination in the provision of benefits, facilities and services related to insurance.

<p style="margin-top:0"> (c) Unfairly disadvantaging a person or persons, including unfairly and unreasonably refusing to grant services, to persons solely on the basis of HIV/AIDS status.

Pensions

<p style="margin-top:0"> 6. (a) Unfairly excluding any person from membership of a retirement fund or from receiving any benefits from the fund on one or more of the prohibited grounds.

<p style="margin-top:0"> (b) Unfairly discriminating against members or beneficiaries of a retirement fund.