Not exact matches
There is a difference between business arrangements that are entered into voluntarily, and irrational, debilitating animus that is based on
immutable personal characteristics.
... Prohibited grounds of discrimination generally address
immutable or constructively
immutable personal characteristics, and the types of childcare needs which are contemplated under family status must therefore be those which have an
immutable or constructively
immutable characteristic.
Distinction amounts to discrimination when the unequal treatment is based on an enumerated ground, i.e. a
personal characteristic, such as colour of skin, race or sex, which is
immutable (or constructively
immutable), and should therefore not be the basis for the assessment or treatment of individuals.
When asked by Justice Russell Brown whether law school tuition fees were a discriminatory barrier to entry, the AG's counsel stated that while tuition does not engage an
immutable personal characteristic like sexual orientation, «[t] here may well be an argument in a different case that an accredited law school may not set their fees so prohibitively high... so as to curtail the [admission] of meritorious candidates.»