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73. Measures to ensure equality---(1) Anything done or omitted which would otherwise constitute a breach of any of the provisions of this Part of this Act shall not constitute such a breach if---

(a) It is done or omitted in good faith for the purpose of assisting or advancing persons or groups of persons, being in each case persons against whom discrimination is unlawful by virtue of this Part of this Act; and

(b) Those persons or groups need or may reasonably be supposed to need assistance or advancement in order to achieve an equal place with other members of the community. 

(2) Nothing in this Part of this Act---

(a) Limits the power of the Crown to establish or arrange work or training schemes or employment assistance measures, eligibility for which may, in whole or in part, be determined by a person's age, employment status, or family status; or

(b) Makes it unlawful for any person to recruit or refer any other person who is of a particular age or of a particular employment status or of a particular family status for any work or training scheme or employment assistance measure that is established or arranged by the Crown, the eligibility for which may, in whole or in part, be determined by a person's age, employment status, or family status. [Cf. 1977, No. 49, s. 29; 1992, No. 16, s. 13 (1)] 

74. Measures relating to pregnancy, childbirth, or family responsibilities---For the avoidance of doubt it is hereby declared that preferential treatment granted by reason of---

(a)    A woman's pregnancy or childbirth; or

(b)   A person's responsibility for part-time care or full-time care of children or other dependants--- shall not constitute a breach of this Part of this Act. [Cf. 1977, No. 49, s. 30]

Posted on 2002-08-26



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