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Employment agencies.
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11.—(1) Without prejudice to its obligations as an employer, an employment agency shall not discriminate against any person—
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(a) who seeks the services of the agency to obtain employment with another person, or
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(b) who seeks from the agency guidance as to a career or any other service (including training) related to the employment of that person.
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(2) Subsection (1) does not apply to the extent that the employment in question is such that an employer could lawfully refuse to offer it to the person concerned.
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(3) An employment agency shall not be under any liability under this section if it proves—
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(a) that it acted in reliance on a statement made to it by the employer concerned to the effect that, by reason of the operation of subsection (2), its action would not be unlawful, and
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(b) that it was reasonable for it to rely on the statement.
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(4) An employer who, with a view to obtaining the services of an employment agency, knowingly makes such a statement as is referred to in subsection (3) (a) which is false or misleading in a material respect shall be guilty of an offence.
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(5) Nothing in this Act shall make it unlawful for an employment agency to provide services exclusively for persons with disabilities or any class or description of such persons.
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