Notices of Amendments: 11 June 2009

138

Equality Bill, continued

‘(4A)

A trade organisation must not ask for details of an applicant’s health or

disabilities before an offer of membership to which subsection (4) applies has

been made except in so far as necessary to make reasonable adjustments to the

selection process.’.

Mr Mark Harper

John Penrose

Mr John Baron

213

Clause  38,  page  28,  line  2,  after ‘worker’, insert ‘with a protected characteristic

compared to a contract worker without a protected characteristic’.

Mr Mark Harper

John Penrose

Mr John Baron

214

Clause  38,  page  28,  line  10,  after ‘worker’, insert ‘with a protected characteristic

compared to a contract worker without a protected characteristic’.

Dr Evan Harris

Lynne Featherstone

215

Clause  10,  page  7,  line  23,  at end insert—

‘(4)	The meaning of religion or belief does not include whether, or the degree to

which, a person has one or more of another protected characteristic.’.

Member’s explanatory statement

This is to make sure that organisations or individuals can not use exemptions based on religion or

belief to discriminate on another ground for example against persons whose lifestyle, because they

are gay or unmarried, is not consistent with orthodox practice of that religion or belief.

Dr Evan Harris

Lynne Featherstone

216

Clause  10,  page  7,  line  23,  at end insert—

‘(4)	The meaning of religion or belief does not include the degree of support for

matters of public policy or for the policies of a political party.’.

Member’s explanatory statement

This is to make sure that organisations or individuals which are quasi-political can not benefit

from exemptions based on religion or belief.

Dr Evan Harris

Lynne Featherstone

217

Clause  12,  page  8,  line  16,  at end add—

‘(3)	Sexual orientation includes manifestations of that sexual orientation.’.

Member’s explanatory statement

This is to put clearly into statute law stemming from eg Amicus vs Secretary of State where it was

held that a religious organisation could not avoid sexual orientation discrimination by referring

to lifestyle matters which were a lawful and direct expression of sexual orientation.’.

Notices of Amendments: 11 June 2009

139

Equality Bill, continued

Dr Evan Harris

Lynne Featherstone

218

Clause  13,  page  9,  line  22,  at end insert—

‘(6A)

If the protected characteristic is sexual orientation it does not matter whether the

sexual orientation is also A’s

Member’s explanatory statement

This is to probe why the provision in Clause 13(6) which applies to religion and belief does not in

fact apply to other strands.

Dr Evan Harris

Lynne Featherstone

219

Clause  13,  page  9,  leave out lines 21 and 22 and insert—

‘(6)	It does not matter if the protected characteristic that B has is also shared by A.’.

Member’s explanatory statement

This is to probe why the provision in Clause 13(6) which applies to religion and belief does not in

fact apply to other strands.

Dr Evan Harris

Lynne Featherstone

220

Clause  13,  page  9,  line  27,  at end insert—

‘(7A)

If the protected characteristic is sexual orientation, A discriminates against B if A

treats less favourably than A treats or would treat others on the basis of a

manifestation of B’s sexual orientation.’.

Member’s explanatory statement

This is make explicit in statute the case law (eg from Amicus vs Secretary of State) which holds that

discrimination against gay people on account of their gay life style or camp appearance (for

example) is direct discrimination.

Dr Evan Harris

Lynne Featherstone

221

Clause  13,  page  9,  line  20,  at end insert—

‘(5A)

If the protected characteristic is religion or belief, for the purposes of this section,

a claim for direct discrimination on that protected ground can not solely rely on

A treating B less favourably on the basis of a manifestation of B’s religion or

belief.’.

Member’s explanatory statement

This is to make explicit in statute existing case law from the Employment Appeal Tribunal in Ladele

vs Islington, that one can not claim direct discrimination when one is treated adversely solely on

the basis of behaviour stemming from a religious belief.

Dr Evan Harris

Lynne Featherstone

222

Clause  13,  page  9,  line  6,  at end insert—

‘(1A)

This section applies to a person (B) who is perceived by A to have a protected

characteristic, regardless of whether B does in fact have that characteristic.

(1B)	This section applies to a person (B) who has an association with a person who has

a protected characteristic.’.

Notices of Amendments: 11 June 2009

140

Equality Bill, continued

Member’s explanatory statement

This is put into statute two provisions which are explicitly and implicitly provided for by the

relevant directive and by case law.

Dr Evan Harris

Lynne Featherstone

223

Clause  16,  page  11,  line  22,  leave out from ‘if’ to ‘A’ in line 23.

Member’s explanatory statement

This seeks to probe why protection from discrimination on the grounds of breast-feeding is

restricted to 26 weeks under this section.

Dr Evan Harris

Lynne Featherstone

224

Clause  18,  page  13,  line  23,  at end add ‘pregnancy and maternity’.

Member’s explanatory statement

This is to probe why pregnancy and maternity are omitted from the list of protected characteristics

for indirect discrimination.

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Revised 12 June 2009