Section 104 — Employment Relations Act 2000: Discrimination

104 Discrimination (1) For the purposes of section 103(1)(c) , an employee is discriminated against in that employee's employment if the employee's employer or a representative of that employer, by reason directly or indirectly of any of the prohibited grounds of discrimination specified in section 105 , or by reason directly or indirectly of that employee's refusal to do work under section 28A of the Health and Safety in Employment Act 1992 , or involvement in the activities of a union in terms of section 107 ,— (a) refuses or omits to offer or afford to that employee the same terms of employment, conditions of work, fringe benefits, or opportunities for training, promotion, and transfer as are made available for other employees of the same or substantially similar qualifications, experience, or skills employed in the same or substantially similar circumstances; or (b) dismisses that employee or subjects that employee to any detriment, in circumstances in which other employees employed by that employer on work of that description are not or would not be dismissed or subjected to such detriment; or (c) retires that employee, or requires or causes that employee to retire or resign. (2) For the purposes of this section, detriment includes anything that has a detrimental effect on the employee's employment, job performance, or job satisfaction. (3) This section is subject to the exceptions set out in section 106 . Compare: 1991 No 22 s 28(1) Subsection (1) was amended, as from 5 May 2003, by section 33(1) Health and Safety in Employment Amendment Act 2002 (2002 No 86) by inserting the words “ refusal to do work under section 28A of the Health and Safety in Employment Act 1992, or ” after the words “ indirectly of that employee's ” .