Family responsibilities and other attributes

The Act allows for an exemption on the ground of family responsibilities, parental status, pregnancy, breastfeeding or marital status if a person with those attributes or identities requires special services and facilities, and it would impose 'unjustifiable hardship' to require those services or facilities to be provided by the organisation or institution seeking the exemption.

Example

The local delicatessen says it cannot provide a babies' change room for parents who stop by to shop, because it doesn't have the space and couldn't afford to build the facility, anyway. It is likely to gain an exemption, but the large department store is unlikely to do so, being unable to prove it doesn't have the space and couldn't afford to put in a change room catering to parents shopping with their young children.