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Association with a child

Association with a child discrimination occurs when a person is treated unfairly in customer service because they have a child with them or need to feed a child (including breast and bottle-feeding).  It also occurs where a person is treated unfavourably in renting accommodation, because they will be sharing the accommodation with a child.

It is also unlawful for a school, college, TAFE or university to treat a student unfavourably in her education because she is breastfeeding.

Example - Customer service

Jenny and Michael visited a fashionable café with their three-month-old son, Ben.  They sat at a table with a view over the nearby park.  When Jenny began to breast-feed Ben, the proprietor asked them to move to a table at the back of the café where no-one would see them.  Michael declined and the proprietor asked them to leave.  Jenny and Michael could claim they were discriminated against because Jenny was breast-feeding.

Example - Accommodation

Matthew was recently separated and needed to find somewhere to live where his two children could stay regularly on weekends.  He looked at a suitable house close to his children's school.  He told the agent that his children, aged 5 and 7, would be staying on weekends and was told that, unfortunately, the owner would not rent to a family with young children.  Matthew could claim he was discriminated against because he had children.

Related information

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