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Chapter:

487 PDFTitle:DISABILITY DISCRIMINATION ORDINANCEGazette Number:
Section:19Heading:Employment agenciesVersion Date:30/06/1997

(1) It is unlawful for an employment agency to discriminate against a person with a disability-

        (a) in the terms on which the agency offers to provide any of its services;
        (b) by refusing or deliberately omitting to provide any of its services; or
        (c) in the way it provides any of its services.
(2) References in subsection (1) to the services of an employment agency include guidance on careers and any other services related to employment.
(3) Subsection (1) shall not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the person with a disability concerned.
(4) Subsection (1) shall not apply to an employment agency which discriminates against a person with a disability, if taking into account-
        (a) that person's past training, qualifications and experience relevant to the work sought; and
        (b) all other relevant factors that it is reasonable to take into account,
that person because of that person's disability, would be unable to carry out the inherent requirements of the employment sought.
(5) An employment agency shall not be subject to any liability under this section if it proves-
        (a) that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of subsection (3), its action would not be unlawful; and
        (b) that it was reasonable for it to rely on the statement.
(6) A person who knowingly or recklessly makes a statement of the kind referred to in subsection (5)(a) which in a material respect is false or misleading commits an offence and is liable on conviction to a fine at level 4.
(Enacted 1995)