12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
g. Discrimination is also committed when additional requirements
beyond the customary are imposed directly or indirectly due to
the grounds stipulated in Section 4.
h. Inflicting harm on health and well-being- it shall be unlawful to
force any person to any medical or physical examination,
psychological treatment, faith-based practices, and other similar
procedures based solely or partly on any of the grounds referred
to in Section 4.
i. Engaging in profiling- it shall be illegal for any person, including
members of the military and law and enforcement agencies, to
engage in profiling based solely or partly on the grounds
included in Section 4.
j. Abuses by state and non-state actors- it shall be unlawful for any
government agencies, including local government units, police,
military, and immigration, to harass verbally or physically, to
curtail freedom of movement, or to extort from a person or a
group of persons on the basis of the grounds stipulated in Section
4. Tliis is prohibition applies to similar abuses committed by nonstate actors.
k. Detention and confinement- it shall be unlawful to detain and
confine a person or groups of persons based directly or indirectly
on the grounds under Section 4.
1. Other analogous circumstances- Any analogous acts which shall
have the effect or purpose of impairing or nullifying the
recognition, enjoyment, or exercise of the person's hum an rights
and fundamental freedoms are also prohibited.
27
28
29
Section 6. Exceptions.- Any action or conduct, otherwise prohibited
under Sections 4 and 5 of this Act, shall not be unlawful and shall not be
considered as discrimination:
30
31
32
33
34
35
36
37
38
39
40
41
42
43
a. Where any of the involved protected attributes are bona fide
occupational qualifications reasonably necessaiy to the normal
operation of the particular business or where the differentiation is
based
on
reasonable
factors
(Genuine
Occupational
Qualifications);
b. Where distinction, exclusion, or preference in respect of a
particular job is based on inherent requirement and requirement
is a proportionate means of achieving a legitimate aim (Inherent
Requirement);
c. Where the acts of practices of a body established for religious
purposes conform to the doctrines, tenets or beliefs of the
relevant religion or that such acts or practices are necessary to
avoid injury to the religious sensitivities of adherents of that
religion;
1
2
3
4
5
6
7
8
9
10
11