Sex

What does the Human Rights Act mean by sex?

Sex includes pregnancy and childbirth and refers to gender.

What does the Human Rights Act say about sex?

It is unlawful to discriminate on the ground of sex in any of the prohibited areas of public life.

Exceptions

There are a number of circumstances where it is not unlawful to discriminate on the ground of sex. These include:

In general:

  • preferential treatment relating to pregnancy and childbirth, and family responsibilities.

In employment (includes pre-employment and advertising):

  • crews of non New Zealand ships and aircraft
  • work performed outside New Zealand
  • for reasons of authenticity
  • domestic employment in a private household
  • reasonable standards of privacy
  • work-related accommodation
  • counselling on personal matters
  • combat role in armed forces.

In goods and services:

  • courses and counselling on personal matters
  • public decency and safety / nature of skill
  • insurance
  • sport.

In accommodation:

  • shared residential accommodation
  • hostels and institutions.

Superannuation:

It is unlawful for superannuation schemes to treat people differently on the basis of sex except where different contributions, or different benefits for each sex are based on reasonable data (relating to life expectancy, accidents or sickness) and the different treatment is reasonable.

What does Sexual Harassment mean?

Please read the following leaflets for more information:

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