9. The protected characteristic of nationality, in relation to an individual, means —
(a)
the individual’s citizenship of any country; or
(b)
the individual’s status as a resident of any country (including the status as a permanent resident of Singapore).
Meaning of “sex”
10.—(1) The protected characteristic of sex, in relation to an individual, means —
(a)
the sex assigned to the individual at birth; or
(b)
in the case of an individual who has undergone a sex re‑assignment procedure, the sex to which the individual has been re‑assigned.
(2) The protected characteristic of sex, in relation to an individual, does not include the following characteristics of the individual:
(a)
sexual orientation;
(b)
gender identity.
(3) For the purposes of this Act —
(a)
if an individual is registered under the National Registration Act 1965 — the sex of the individual as registered under that Act is prima facie evidence of the sex of the individual;
(b)
if an individual is not registered under the National Registration Act 1965 but has been issued with any pass under the Immigration Act 1959 or regulations made under the Immigration Act 1959 — the sex of the individual as recorded in that pass is prima facie evidence of the sex of the individual;
(c)
if an individual is not registered under the National Registration Act 1965 and has not been issued with any pass under the Immigration Act 1959 or regulations made under the Immigration Act 1959, but has been issued with a work pass — the sex of the individual as recorded in the work pass is prima facie evidence of the sex of the individual; and
(d)
if an individual is not registered under the National Registration Act 1965, is not issued with any pass under the Immigration Act 1959 or regulations made under the Immigration Act 1959 and has not been issued with a work pass — the sex of the individual as recorded in the individual’s passport is prima facie evidence of the sex of the individual.
Meaning of “marital status”
11. The protected characteristic of marital status, in relation to an individual, includes —
(a)
the fact that the individual is married;
(b)
the fact that the individual is not married;
(c)
the fact that the individual has been divorced;
(d)
the fact that the individual is widowed;
(e)
the fact that the individual is married but is living separately from the individual’s spouse; and
(f)
the number of times the individual has married.
Meaning of “pregnancy”
12.—(1) The protected characteristic of pregnancy, in relation to a woman on any day, means —
(a)
the fact that the woman is pregnant;
(b)
the fact that the woman was pregnant —
(i)
at any time during the prescribed period before that day; or
(ii)
if no period is prescribed for the purposes of sub‑paragraph (i) — at any time before that day;
(c)
the fact that the woman has expressed a desire or intent to bear children;
(d)
the fact that the woman is breastfeeding an infant or expressing breast milk for the purpose of feeding an infant;
(e)
the fact that the woman breastfed an infant or expressed breast milk for the purpose of feeding an infant —
(i)
at any time during the prescribed period before that day; or
(ii)
if no period is prescribed for the purposes of sub‑paragraph (i) — at any time before that day;
(f)
the fact that the woman —
(i)
is, on that day, exercising her entitlement to absent herself from work under a maternity leave provision; or
(ii)
has exercised her entitlement to absent herself from work under a maternity leave provision —
(A)
at any time during the prescribed period before that day; or
(B)
if no period is prescribed for the purposes of sub‑paragraph (A) — at any time before that day; or
(g)
the fact that the woman —
(i)
is pregnant on that day and contracted an illness related to the pregnancy during the pregnancy; or
(ii)
was pregnant —
(A)
at any time during the prescribed period before that day; or
(B)
if no period is prescribed for the purposes of sub‑paragraph (A) — at any time before that day,
and contracted an illness related to the pregnancy during the pregnancy or in the 6 weeks immediately after the day of her confinement.
(2) In subsection (1)(f), “maternity leave provision” means section 9(1), (1A) or (1B) of the Child Development Co‑Savings Act 2001 or section 76(1) of the Employment Act 1968.
Meaning of “caregiving responsibilities”
13.—(1) The protected characteristic of caregiving responsibilities, in relation to an individual on any day, means the fact that the individual has a responsibility to care for or support any family member —
(a)
on that day;
(b)
at any time during the prescribed period before that day; or
(c)
if no period is prescribed for the purposes of paragraph (b) — at any time before that day.
(2) In subsection (1), “family member”, in relation to an individual, means —
(a)
a spouse of the individual;
(b)
a child of the individual, including an adopted child or a stepchild;
(c)
a parent of the individual, including an adoptive parent;
(d)
a father‑in‑law or mother‑in‑law of the individual;
(e)
a brother or sister of the individual;
(f)
a grandparent or grandchild of the individual; or
(g)
any other individual who —
(i)
is related to the firstmentioned individual by blood or marriage; and
(ii)
lives in the same household as the firstmentioned individual.
Meaning of “language ability”
14. The protected characteristic of language ability, in relation to an individual, means the ability of the individual to read, speak, write or understand any language.
Meaning of “disability”
15. The protected characteristic of disability, in relation to an individual, means the fact that the individual has any one or more of the following:
(a)
autism;
(b)
any intellectual disability;
(c)
any physical disability;
(d)
any sensory disability.
Meaning of “mental health condition”
16. The protected characteristic of mental health condition, in relation to an individual, means the fact that the individual has been diagnosed with any mental disorder by a medical practitioner registered under the Medical Registration Act 1997.
