2A Unlawful discrimination
  • (1) No employer shall refuse or omit to offer or afford any person the same terms of employment, conditions of work, fringe benefits, and opportunities for training, promotion, and transfer as are made available for persons of the same or substantially similar qualifications employed in the same or substantially similar circumstances on work of that description by reason of the sex of that person.

    (2) Where an employee would be entitled to make a complaint in respect of a breach of this section or make a complaint under the Human Rights Act 1993, the employee may choose 1 of those entitlements but not both.

    Section 2A: inserted, on 15 May 1991, by section 3(1) of the Equal Pay Amendment Act 1991 (1991 No 25).

    Section 2A(2): amended, on 1 February 1994, by section 145 of the Human Rights Act 1993 (1993 No 82).