Section 12Part 2 — PROTECTION AGAINST GENDER DISCRIMINATION
Employment agencies
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An employment agency shall not discriminate against a person on any ground specified in section 3(2) —
by refusing to provide that person with any of its services;
in the terms on which it offers to provide that person with any of its services;
in the manner in which it provides that person with any of its services; or
in any other manner in which it facilitates the hire or employment of that person.
This section shall not apply if the discrimination concerns employment which the employer could lawfully refuse to offer that person.
An employment agency is not liable under this section if it proves —
that it acted in reliance on a statement made to it by an employer to the effect that by reason of the operation of subsection (2), its action would not be unlawful; and
that it was reasonable for it to rely on the statement.
Any person who knowingly, or recklessly, makes a statement referred to in subsection (3) which is false or misleading in a material particular commits an offence and is liable on summary conviction to a fine of five thousand dollars.