1 2 Sec. 3. Definition o f Terms. - For the purposes o f this Act, the following terms shall be defined as follows: 3 a. Disability refers to: 1) a physical or mental impairment that substantially limits 4 one or more psychological, physiological or anatomical function o f an 5 individual or activities of that individual; 2) a record of such an impairment; 6 or, 3) being regarded as having such an impairment. 7 b. Discrimination constitutes any distinction, exclusion, restriction or preference 8 or other differential treatment that is directly or indirectly based on age, racial 9 or ethnic origin, religious belief or activity, political inclination or conviction, 10 social class, sex, gender, sexual orientation, gender identity and expressions, 11 marital or relationship status, disability, HIV status, health status or medical 12 history, language, physical features, or other status, which has the purpose or 13 effect of nullifying or impairing the recognition, enjoyment or exercise, on 14 equal footing, of the political, civil, economic, social and cultural rights. 15 Discrimination also includes incitement to discriminate and harassment. 16 Direct discrimination occurs where a person is treated less favorably 17 than another person in the same or comparable circumstances on the ground 18 of their protected attribute (i.e. age, racial or ethnic origin, religious belief or 19 activity, political inclination or conviction, social class, sex, gender, sexual 20 orientation, gender identity and expressions, marital or relationship status, 21 disability, HIV status, health status or medical history, language, physical 22 features, or other status). 23 Indirect discrimination occurs where an apparently neutral condition or 24 requirement is imposed which has the effect of disadvantaging a group with a 25 particular 26 circumstances. Indirect discrimination may not be unlawful if a respondent 27 can show that there is an objective justification for it. This involves 28 demonstrating a proportionate means of achieving a legitimate aim. protected attribute and which is not reasonable in the 29 c. Education and Training refers to all types and levels of education, training, 30 and other avenues for learning, and includes access thereto, the standard and 31 quality thereof and the conditions under which the same is given. 32 d. Ethnic Origin includes race, national origin, and ethno-linguistic origin.