||Title:||DISABILITY DISCRIMINATION ORDINANCE||Gazette Number:|
|Section:||20||Heading:||Discrimination against commission agents||Version Date:||30/06/1997|
(1) This section applies to any work for a person ("the principal") which is available for doing by individuals ("commission agents") as the agents of the principal and who are remunerated, whether in whole or in part, by commission.
(2) It is unlawful for the principal, in relation to work to which this section applies, to discriminate against a person with a disability who is a commission agent-
(3) The principal does not contravene subsection (2)(b) by doing any act in relation to a person with a disability at a time when if the work were to be done by a person taken into his employment being a person without a disability would be a genuine occupational qualification for the job.
(a) in the terms on which he allows the person with a disability to do that work;
(b) by not allowing that person to do it or continue to do it;
(c) in the way he affords that person access to any benefits, services or facilities or by refusing or deliberately omitting to afford that person access to them; or
(d) by subjecting that person to any other detriment.
(4) Subsection (2)(b) shall not apply to a principal who discriminates against a commission agent with a disability, if taking into account-
the commission agent because of the commission agent's disability-
(a) the commission agent's past training, qualifications and experience relevant to working as a commission agent;
(b) where the person is already working for the principal as a commission agent, the commission agent's performance as a commission agent; and
(c) all other relevant factors that it is reasonable to so take into the account,
(5) Subsection (2)(c) shall not apply to benefits, services or facilities of any description if the principal is concerned with the provision (for payment or not) of benefits, services or facilities of that description to the public, or to a section of the public to which the person with a disability belongs, unless that provision differs in a material respect from the provision of the benefits, services or facilities by the principal to his commission agents.
(i) would be unable to carry out the inherent requirements of a commission agent; or
(ii) would, in order to carry out those requirements, require services or facilities that are not required by persons without a disability and the provision of which would impose an unjustifiable hardship on the principal.