Equality BillPage 4
The following characteristics are protected characteristics—
age;
disability;
gender reassignment;
10marriage and civil partnership;
pregnancy and maternity;
race;
religion or belief;
sex;
15sexual orientation.
(1) In relation to the protected characteristic of age—
(a)
a reference to a person who has a particular protected characteristic is
a reference to a person of a particular age group;
(b)
20a reference to persons who share a protected characteristic is a
reference to persons of the same age group.
(2)
A reference to an age group is a reference to a group of persons defined by
reference to age, whether by reference to a particular age or to a range of ages.
Equality BillPage 5
(1) A person (P) has a disability if—
(a) P has a physical or mental impairment, and
(b)
the impairment has a substantial and long-term adverse effect on P’s
5ability to carry out normal day-to-day activities.
(2) A reference to a disabled person is a reference to a person who has a disability.
(3) In relation to the protected characteristic of disability—
(a)
a reference to a person who has a protected characteristic is a reference
to a person who has a particular disability;
(b)
10a reference to persons who share a protected characteristic is a
reference to persons who have the same disability.
(4)
This Act (except Part 12 and section 183) applies in relation to a person who has
had a disability as it applies in relation to a person who has the disability;
accordingly, except in that Part and that section—
(a)
15a reference (however expressed) to a person who has a disability
includes a reference to a person who has had the disability;
(b)
a reference (however expressed) to a person who does not have a
disability includes a reference to a person who has not had the
disability.
(5)
20A Minister of the Crown may issue guidance about matters to be taken into
account in deciding any question for the purposes of subsection (1).
(6) Schedule 1 (disability: supplementary provision) has effect.
(1)
A person has the protected characteristic of gender reassignment if the person
25is proposing to undergo, is undergoing or has undergone a process (or part of
a process) for the purpose of reassigning the person’s sex by changing
physiological or other attributes of sex.
(2)
A reference to a transsexual person is a reference to a person who has the
protected characteristic of gender reassignment.
(3) 30In relation to the protected characteristic of gender reassignment—
Equality BillPage 6
(a)
a reference to a person who has a particular protected characteristic is
a reference to a transsexual person;
(b)
a reference to persons who share a protected characteristic is a
reference to transsexual persons.
(1)
A person has the protected characteristic of marriage and civil partnership if
the person is married or a civil partner.
(2) In relation to the protected characteristic of marriage and civil partnership—
(a)
a reference to a person who has a particular protected characteristic is
10a reference to a person who is married or is a civil partner;
(b)
a reference to persons who share a protected characteristic is a
reference to persons who are married or are civil partners.
(1) Race includes—
Equality BillPage 7
(a) colour;
(b) nationality;
(c) ethnic or national origin.
(2) In relation to the protected characteristic of race—
(a)
5a reference to a person who has a particular protected characteristic is
a reference to a person of a particular racial group;
(b)
a reference to persons who share a protected characteristic is a
reference to persons of the same racial group.
(3)
A racial group is a group of persons defined by reference to race; and a
10reference to a person’s racial group is a reference to a racial group into which
the person falls.
(4)
The fact that a racial group comprises two or more distinct racial groups does
not prevent it from constituting a particular racial group.
(1)
15Religion means any religion and a reference to religion includes a reference to
a lack of religion.
(2)
Belief means any religious or philosophical belief and a reference to belief
includes a reference to a lack of belief.
(3) In relation to the protected characteristic of religion or belief—
(a)
20a reference to a person who has a particular protected characteristic is
a reference to a person of a particular religion or belief;
(b)
a reference to persons who share a protected characteristic is a
reference to persons who are of the same religion or belief.
Equality BillPage 8
In relation to the protected characteristic of sex—
(a)
a reference to a person who has a particular protected characteristic is
a reference to a man or to a woman;
(b)
5a reference to persons who share a protected characteristic is a
reference to persons of the same sex.
(1) Sexual orientation means a person’s sexual orientation towards—
(a) persons of the same sex,
(b) 10persons of the opposite sex, or
(c) persons of either sex.
(2) In relation to the protected characteristic of sexual orientation—
(a)
a reference to a person who has a particular protected characteristic is
a reference to a person who is of a particular sexual orientation;
(b)
15a reference to persons who share a protected characteristic is a
reference to persons who are of the same sexual orientation.
Equality BillPage 9
(1)
5A person (A) discriminates against another (B) if, because of a protected
characteristic, A treats B less favourably than A treats or would treat others.
(2)
If the protected characteristic is age, A does not discriminate against B if A can
show A’s treatment of B to be a proportionate means of achieving a legitimate
aim.
(3)
10If the protected characteristic is disability, A does not discriminate against B
only because—
(a)
A treats a third person who has a disability in a way which is permitted
by or under this Act,
(b) B does not have the disability, and
(c) 15A does not treat B in that way.
(4)
If the protected characteristic is marriage and civil partnership, this section
applies to a contravention of Part 5 (work) only if the treatment is because B is
married or a civil partner.
(5)
If the protected characteristic is race, less favourable treatment includes
20segregating B from others.
(6)
If the protected characteristic is religion or belief, it does not matter whether
the religion or belief is also A’s.
(7) If the protected characteristic is sex—
(a)
less favourable treatment of a woman includes less favourable
25treatment of her because she is breast-feeding;
(b)
in a case where B is a man, no account is to be taken of special treatment
afforded to a woman in connection with pregnancy or childbirth.
(8) Subsection (7)(a) does not apply for the purposes of Part 5 (work).
(9) This section is subject to sections 16(6) and 17(7).
Equality BillPage 10
(1) A person (A) discriminates against a disabled person (B) if—
(a) A treats B in a particular way,
(b) because of B’s disability, the treatment amounts to a detriment, and
(c)
5A cannot show that the treatment is a proportionate means of achieving
a legitimate aim.
(2)
Subsection (1) does not apply if A shows that A did not know, and could not
reasonably have been expected to know, that B had the disability.
(3)
It does not matter whether A has complied with a duty to make reasonable
10adjustments in relation to B.
Equality BillPage 11
(1)
This section has effect for the purposes of the application of Part 5 (work) to the
protected characteristic of gender reassignment.
(2)
A person (A) discriminates against a transsexual person (B) if, in relation to an
5absence of B’s that is because of gender reassignment, A treats B less
favourably than A would treat B if—
(a) B’s absence was because of sickness or injury, or
(b)
B’s absence was for some other reason and it is not reasonable for B to
be treated less favourably.
(3)
10A person’s absence is because of gender reassignment if it is because the
person is proposing to undergo, is undergoing or has undergone the process
(or part of the process) mentioned in section 7(1).
(1)
This section has effect for the purposes of the application to the protected
15characteristic of pregnancy and maternity of—
(a) Part 3 (services and public functions);
(b) Part 4 (premises);
(c) Chapter 2 of Part 6 (further or higher education);
(d) Part 7 (associations).
(2)
20A person (A) discriminates against a woman if A treats her less favourably
because of a pregnancy of hers.
(3)
A person (A) discriminates against a woman if, in the period of 26 weeks
beginning with the day on which she gives birth, A treats her less favourably
because she has given birth.
Equality BillPage 12
(4)
The reference in subsection (3) to treating a woman less favourably because she
has given birth includes, in particular, a reference to treating her less
favourably because she is breast-feeding.
(5)
For the purposes of this section, the day on which a woman gives birth is the
5day on which—
(a) she gives birth to a living child, or
(b)
she gives birth to a dead child (more than 24 weeks of the pregnancy
having passed).
(6)
Section 13, so far as relating to sex discrimination, does not apply to anything
10done in relation to a woman in so far as—
(a) it is for the reason mentioned in subsection (2), or
(b) it is in the period, and for the reason, mentioned in subsection (3).
(7)
In this section and section 17, a reference to a woman being treated less
favourably is a reference to her being treated less favourably than is
15reasonable.
(1)
This section has effect for the purposes of the application of Part 5 (work) to the
protected characteristic of pregnancy and maternity.
(2)
A person (A) discriminates against a woman if, in the protected period in
20relation to a pregnancy of hers, A treats her less favourably—
(a) because of the pregnancy, or
(b) because of illness suffered by her as a result of it.
(3)
A person (A) discriminates against a woman if A treats her less favourably
because she is on compulsory maternity leave.
(4)
25A person (A) discriminates against a woman if A treats her less favourably
because she is exercising or seeking to exercise, or has exercised or sought to
exercise, the right to ordinary or additional maternity leave.
(5)
For the purposes of subsection (2), if the treatment of a woman is in
implementation of a decision taken in the protected period, the treatment is to
30be regarded as occurring in that period (even if the implementation is not until
after the end of that period).
(6)
The protected period, in relation to a woman’s pregnancy, begins when the
pregnancy begins, and ends—
(a)
if she has the right to ordinary and additional maternity leave, at the
35end of the additional maternity leave period or (if earlier) when she
returns to work after the pregnancy;
(b)
if she does not have that right, at the end of the period of 2 weeks
beginning with the end of the pregnancy.
(7)
Section 13, so far as relating to sex discrimination, does not apply to treatment
40of a woman in so far as—
(a)
it is in the protected period in relation to her and is for a reason
mentioned in paragraph (a) or (b) of subsection (2), or
(b) it is for a reason mentioned in subsection (3) or (4).
Equality BillPage 13
(1)
A person (A) discriminates against another (B) if A applies to B a provision,
criterion or practice which is discriminatory in relation to a relevant protected
characteristic of B’s.
(2)
5For the purposes of subsection (1), a provision, criterion or practice is
discriminatory in relation to a relevant protected characteristic of B’s if—
(a)
A applies, or would apply, it to persons with whom B does not share
the characteristic,
(b)
it puts, or would put, persons with whom B shares the characteristic at
10a particular disadvantage when compared with persons with whom B
does not share it,
(c) it puts, or would put, B at that disadvantage, and
(d)
A cannot show it to be a proportionate means of achieving a legitimate
aim.
(3) 15The relevant protected characteristics are—
age;
disability;
gender reassignment;
marriage and civil partnership;
20race;
religion or belief;
sex;
sexual orientation.
(1)
Where this Act imposes a duty to make reasonable adjustments on a person,
this section, sections 20 and 21 and the applicable Schedule apply; and for those
purposes, a person on whom the duty is imposed is referred to as A.
Equality BillPage 14
(2) The duty comprises the following three requirements.
(3)
The first requirement is a requirement, where a provision, criterion or practice
of A’s puts a disabled person at a substantial disadvantage in relation to a
relevant matter in comparison with persons who are not disabled, to take such
5steps as it is reasonable to have to take to avoid the disadvantage.
(4)
The second requirement is a requirement, where a physical feature puts a
disabled person at a substantial disadvantage in relation to a relevant matter in
comparison with persons who are not disabled, to take such steps as it is
reasonable to have to take to avoid the disadvantage.
(5)
10The third requirement is a requirement, where a disabled person would, but
for the provision of an auxiliary aid, be put at a substantial disadvantage in
relation to a relevant matter in comparison with persons who are not disabled,
to take such steps as it is reasonable to have to take to provide the auxiliary aid.
(6)
A reference in section 20 or 21 or an applicable Schedule to the first, second or
15third requirement is to be construed in accordance with this section.
(7)
A reference in this section, section 20 or 21 or an applicable Schedule (apart
from paragraphs 2 to 4 of Schedule 4) to a physical feature is a reference to—
(a) a feature arising from the design or construction of a building;
(b) a feature of an approach to, exit from or access to a building;
(c)
20a fixture or fitting, or furniture, furnishings, materials, equipment or
other chattels, in or on premises;
(d) any other physical element or quality.
(8)
A reference in this section, section 20 or 21 or an applicable Schedule to an
auxiliary aid includes a reference to an auxiliary service.
(9)
25A reference in this section or an applicable Schedule to chattels is to be read, in
relation to Scotland, as a reference to moveable property.
(10)
The applicable Schedule is, in relation to the Part of this Act specified in the
first column of the Table, the Schedule specified in the second column.
| Part of this Act | Applicable Schedule |
|---|---|
| Part 3 (services and public functions) | 30Schedule 2 |
| Part 4 (premises) | Schedule 4 |
| Part 5 (work) | Schedule 8 |
| Part 6 (education) | Schedule 13 |
| Part 7 (associations) | Schedule 15 |
| Each of the Parts mentioned above | 35Schedule 21 |
(1)
A failure to comply with the first, second or third requirement is a failure to
comply with a duty to make reasonable adjustments.
Equality BillPage 15
(2)
A discriminates against a disabled person if A fails to comply with that duty in
relation to that person.
(3)
A provision of an applicable Schedule which imposes a duty to comply with
the first, second or third requirement applies only for the purpose of
5establishing whether A has contravened this Act by virtue of subsection (2); a
failure to comply is, accordingly, not otherwise actionable.
(1) Regulations may prescribe—
(a)
matters to be taken into account in deciding whether it is reasonable for
10A to take a step for the purposes of a prescribed provision of an
applicable Schedule;
(b)
descriptions of persons to whom the first, second or third requirement
does not apply.
(2) Regulations may make provision as to—
(a)
15circumstances in which it is, or in which it is not, reasonable for a
person of a prescribed description to have to take steps of a prescribed
description;
(b) what is, or what is not, a provision, criterion or practice;
(c) things which are, or which are not, to be treated as physical features;
(d)
20things which are, or which are not, to be treated as alterations of
physical features;
(e) things which are, or which are not, to be treated as auxiliary aids.
(3) Provision made by virtue of this section may amend an applicable Schedule.
(1)
On a comparison of cases for the purposes of section 13, 18 or 19, there must be
no material difference between the circumstances relating to each case.
Equality BillPage 16
(2)
If the protected characteristic is disability, the circumstances relating to a case
include a person’s abilities.
(3)
If the protected characteristic is sexual orientation, the fact that one person
(whether or not the person referred to as B) is a civil partner while another is
5married is not a material difference between the circumstances relating to each
case.
(1) Age discrimination is—
(a) discrimination within section 13 because of age;
(b)
10discrimination within section 18 where the relevant protected
characteristic is age.
(2) Disability discrimination is—
(a) discrimination within section 13 because of disability;
(b) discrimination within section 14;
(c)
15discrimination within section 18 where the relevant protected
characteristic is disability;
(d) discrimination within section 20.
(3) Gender reassignment discrimination is—
(a) discrimination within section 13 because of gender reassignment;
(b) 20discrimination within section 15;
(c)
discrimination within section 18 where the relevant protected
characteristic is gender reassignment.
(4) Marriage and civil partnership discrimination is—
(a)
discrimination within section 13 because of marriage and civil
25partnership;
(b)
discrimination within section 18 where the relevant protected
characteristic is marriage and civil partnership.
(5)
Pregnancy and maternity discrimination is discrimination within section 16 or
17.
(6) 30Race discrimination is—
(a) discrimination within section 13 because of race;
Equality BillPage 17
(b)
discrimination within section 18 where the relevant protected
characteristic is race.
(7) Religious or belief-related discrimination is—
(a) discrimination within section 13 because of religion or belief;
(b)
5discrimination within section 18 where the relevant protected
characteristic is religion or belief.
(8) Sex discrimination is—
(a) discrimination within section 13 because of sex;
(b)
discrimination within section 18 where the relevant protected
10characteristic is sex.
(9) Sexual orientation discrimination is—
(a) discrimination within section 13 because of sexual orientation;
(b)
discrimination within section 18 where the relevant protected
characteristic is sexual orientation.
(1) A person (A) harasses another (B) if—
(a)
A engages in unwanted conduct related to a relevant protected
characteristic which has the purpose or effect mentioned in subsection
20(2),
(b)
A engages in any form of unwanted verbal, non-verbal or physical
conduct of a sexual nature that has that purpose or effect, or
(c)
because of B’s rejection of or submission to conduct (whether or not of
A), A treats B less favourably than A would treat B if B had not rejected
25or submitted to the conduct.
(2) The purpose or effect is—
(a) violating B’s dignity, or
(b)
creating an intimidating, hostile, degrading, humiliating or offensive
environment for B.
(3)
30In deciding whether conduct has that effect, each of the following must be
taken into account—
(a) the perception of B;
(b) the other circumstances of the case;
(c) whether it is reasonable for the conduct to have that effect.
(4) 35For the purposes of subsection (1)(c), the conduct is—
(a)
conduct mentioned in subsection (1)(a), if the relevant protected
characteristic is gender reassignment or sex;
(b) conduct mentioned in subsection (1)(b).
(5) The relevant protected characteristics are—
40age;
disability;
gender reassignment;
race;
Equality BillPage 18
religion or belief;
sex;
sexual orientation.
(1)
5A person (A) victimises another person (B) if A subjects B to a detriment
because—
(a) B does a protected act, or
(b) A believes that B has done, or may do, a protected act.
(2) Each of the following is a protected act—
(a) 10bringing proceedings under this Act;
(b)
giving evidence or information in connection with proceedings under
this Act;
(c) doing any other thing for the purposes of or in connection with this Act;
(d)
making an allegation (whether or not express) that A or another person
15has contravened this Act.
(3)
Giving false evidence or information, or making a false allegation, is not a
protected act if the evidence or information is given, or the allegation is made,
in bad faith.
(4)
This section applies only where the person subjected to a detriment is an
20individual.
(5)
The reference to contravening this Act includes a reference to committing a
breach of an equality clause or rule.