Equality Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Equality Bill

Equality Bill
Part 2 — Equality: key concepts
Chapter 2 — Prohibited conduct
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Indirect discrimination
(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)
For the purposes of subsection (1), a provision, criterion or practice is
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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
a particular disadvantage when compared with persons with whom B
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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)
The relevant protected characteristics are—
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age;
disability;
gender reassignment;
marriage and civil partnership;
race;
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religion or belief;
sex;
sexual orientation.
Adjustments for disabled persons
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Duty to make adjustments
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(1)
Where this Act imposes a duty to make reasonable adjustments on a person,
this section, sections 21 and 22 and the applicable Schedule apply; and for those
purposes, a person on whom the duty is imposed is referred to as A.
(2)
The duty comprises the following three requirements.
(3)
The first requirement is a requirement, where a provision, criterion or practice
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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
steps 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
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comparison with persons who are not disabled, to take such steps as it is
reasonable to have to take to avoid the disadvantage.
(5)
The 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,
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to take such steps as it is reasonable to have to take to provide the auxiliary aid.
(6)
A reference in section 21 or 22 or an applicable Schedule to the first, second or
third requirement is to be construed in accordance with this section.

Equality Bill
Part 2 — Equality: key concepts
Chapter 2 — Prohibited conduct
11

(7)
A reference in this section, section 21 or 22 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)
a fixture or fitting, or furniture, furnishings, materials, equipment or
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other chattels, in or on premises;
(d)
any other physical element or quality.
(8)
A reference in this section, section 21 or 22 or an applicable Schedule to an
auxiliary aid includes a reference to an auxiliary service.
(9)
A reference in this section or an applicable Schedule to chattels is to be read, in
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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)
Schedule 2

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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
Schedule 21

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21
Failure to comply with duty
(1)
A failure to comply with the first, second or third requirement is a failure to
comply with a duty to make reasonable adjustments.
(2)
A discriminates against a disabled person if A fails to comply with that duty in
relation to that person.
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(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
establishing whether A has contravened this Act by virtue of subsection (2); a
failure to comply is, accordingly, not otherwise actionable.
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Regulations
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(1)
Regulations may prescribe—
(a)
matters to be taken into account in deciding whether it is reasonable for
A 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
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does not apply.
(2)
Regulations may make provision as to—

Equality Bill
Part 2 — Equality: key concepts
Chapter 2 — Prohibited conduct
12

(a)
circumstances 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;
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(d)
things 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.
Discrimination: supplementary
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Comparison by reference to circumstances
(1)
On a comparison of cases for the purposes of section 13, 19 or 20, there must be
no material difference between the circumstances relating to each case.
(2)
If the protected characteristic is disability, the circumstances relating to a case
include a person’s abilities.
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(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
married is not a material difference between the circumstances relating to each
case.
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References to particular strands of discrimination
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(1)
Age discrimination is—
(a)
discrimination within section 13 because of age;
(b)
discrimination within section 19 where the relevant protected
characteristic is age.
(2)
Disability discrimination is—
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(a)
discrimination within section 13 because of disability;
(b)
discrimination within section 15;
(c)
discrimination within section 19 where the relevant protected
characteristic is disability;
(d)
discrimination within section 21.
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(3)
Gender reassignment discrimination is—
(a)
discrimination within section 13 because of gender reassignment;
(b)
discrimination within section 16;
(c)
discrimination within section 19 where the relevant protected
characteristic is gender reassignment.
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(4)
Marriage and civil partnership discrimination is—
(a)
discrimination within section 13 because of marriage and civil
partnership;
(b)
discrimination within section 19 where the relevant protected
characteristic is marriage and civil partnership.
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(5)
Pregnancy and maternity discrimination is discrimination within section 17 or
18.

Equality Bill
Part 2 — Equality: key concepts
Chapter 2 — Prohibited conduct
13

(6)
Race discrimination is—
(a)
discrimination within section 13 because of race;
(b)
discrimination within section 19 where the relevant protected
characteristic is race.
(7)
Religious or belief-related discrimination is—
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(a)
discrimination within section 13 because of religion or belief;
(b)
discrimination within section 19 where the relevant protected
characteristic is religion or belief.
(8)
Sex discrimination is—
(a)
discrimination within section 13 because of sex;
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(b)
discrimination within section 19 where the relevant protected
characteristic is sex.
(9)
Sexual orientation discrimination is—
(a)
discrimination within section 13 because of sexual orientation;
(b)
discrimination within section 19 where the relevant protected
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characteristic is sexual orientation.
Other prohibited conduct
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Harassment
(1)
A person (A) harasses another (B) if—
(a)
A engages in unwanted conduct related to a relevant protected
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characteristic which has the purpose or effect mentioned in subsection
(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
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A), A treats B less favourably than A would treat B if B had not rejected
or 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
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environment for B.
(3)
In 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;
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(c)
whether it is reasonable for the conduct to have that effect.
(4)
For 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).
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(5)
The relevant protected characteristics are—
age;
disability;

Equality Bill
Part 3 — Services and public functions
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gender reassignment;
race;
religion or belief;
sex;
sexual orientation.
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Victimisation
(1)
A 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.
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(2)
Each of the following is a protected act—
(a)
bringing 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;
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(d)
making an allegation (whether or not express) that A or another person
has 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.
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(4)
This section applies only where the person subjected to a detriment is an
individual.
(5)
The reference to contravening this Act includes a reference to committing a
breach of an equality clause or rule.
Part 3
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Services and public functions
Preliminary
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Application of this Part
(1)
This Part does not apply to the protected characteristic of—
(a)
age, so far as relating to persons who have not attained the age of 18;
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(b)
marriage and civil partnership.
(2)
This Part does not apply to discrimination, harassment or victimisation—
(a)
that is prohibited by Part 4 (premises), 5 (work) or 6 (education), or
(b)
that would be so prohibited but for an express exception.
(3)
This Part does not apply to—
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(a)
a breach of an equality clause or rule;
(b)
anything that would be a breach of an equality clause or rule but for
section 66 or Part 2 of Schedule 7;
(c)
a breach of a non-discrimination rule.