Plain language law

New Zealand law explained for everyone

Human Rights Act 1993

Unlawful discrimination - Exceptions in relation to employment matters

35: General qualification on exceptions

You could also call this:

"Exceptions to rules must be fair and not discriminatory"

Illustration for Human Rights Act 1993

You can't treat someone differently because of a prohibited ground of discrimination, even if some of their job duties might allow for an exception. If an employer can adjust their activities without too much disruption, they might be able to have another employee do those particular duties. This means the employer can't use the exceptions as a reason to treat someone unfairly if there's a way to make it work without disrupting their business.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM304604.

This page was last updated on — View changes

Topics:
Work and jobs > Worker rightsRights and equality > Anti-discrimination
Previous

34: Regular forces, or

"Being in the Defence Force: Rules and Employment"

Next

36: Partnerships, or

"Fair treatment when joining or being a partner in a business"

Part 2Unlawful discrimination
Exceptions in relation to employment matters

35General qualification on exceptions

  1. No employer shall be entitled, by virtue of any of the exceptions in this Part, to accord to any person in respect of any position different treatment based on a prohibited ground of discrimination even though some of the duties of that position would fall within any of those exceptions if, with some adjustment of the activities of the employer (not being an adjustment involving unreasonable disruption of the activities of the employer), some other employee could carry out those particular duties.

Compare
  • 1977 No 49 s 15(4)