The test for determining whether or not an act would constitute
discrimination is objective not subjective i.e. regard must be had
as to what was done, not the reasons or motives behind what was
done. It is the outcome of the action that matters, not the intent.
The question to be asked is:
'WOULD THE
COMPLAINANT/S HAVE RECEIVED THE SAME
TREATMENT BUT FOR HIS OR HER
RACE?'