A form of discrimination can occur if, under the Act (s.4(1) SDA), the person concerned is victimised (e.g. for asserting rights). The 1975 Act identifies certain areas where specific types of victimisation are prohibited.
A person has been victimised if he or she is treated less favourably than someone else in the same circumstances because it is suspected or known that he or she has:
(a) Brought proceedings under the Act; or (b) Given evidence or information in respect of someone else’s proceedings under the Act; or (c) Done anything with reference to the Act in relation to the discriminator or anyone else (e.g. by giving information to the Equal Opportunities Commission as part of a formal investigation); or (d) Alleged that something has been done which could be in contravention of the Act.
The protection against victimisation does not apply if the person making the allegation did not act in good faith, or made false allegations (s.4 (2) SDA).
The sort of treatment that can give rise to a claim for victimisation can include: