Conduct will amount to unlawful discrimination where a legal practitioner treats a person adversely in connection with the practice of law because of that person's race, colour, nationality, descent and ethnic, ethno-religious or national origin, sex, marital status, pregnancy, homosexuality, transgender status, disability, age or compulsory retirement. Direct or indirect discrimination Discrimination may be direct or indirect discrimination. Direct discrimination will occur where a legal practitioner treats a person with one of these characteristics less favourably than he or she treats a person without such a characteristic in the same or similar circumstances. The legal practitioner's intention or motives are irrelevant to establishing whether or not their conduct is discriminatory.
Indirect discrimination is also unlawful.
Indirect discrimination focuses on the adverse effects of certain conduct rather than less favourable treatment. Indirect discrimination will occur where a legal practitioner requires a person to comply with a condition or requirement which they cannot comply with and with which a substantially higher proportion of persons without the characteristic are able to comply. In the circumstances, the imposition of the condition or requirement will be unlawful, unless the condition or requirement is a reasonable one. Unwelcome sexual conduct includes sexually offensive publications in the workplace, lewd comments or jokes, lewd gestures or leering, touching through to serious sexual assault. To ensure compliance with Regulation 69B, legal practitioners must review their practices to identify any areas which might give rise to potential problems or risks.