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Equality Bill


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

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Religion or belief

(1)   

Religion 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.

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(3)   

In relation to the protected characteristic of religion or belief—

(a)   

a 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.

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11      

Sex

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)   

a reference to persons who share a protected characteristic is a reference

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to persons of the same sex.

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Sexual orientation

(1)   

Sexual orientation means a person’s sexual orientation towards—

(a)   

persons of the same sex,

(b)   

persons of the opposite sex, or

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(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)   

a reference to persons who share a protected characteristic is a reference

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to persons who are of the same sexual orientation.

Chapter 2

Prohibited conduct

Discrimination

13      

Direct discrimination

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(1)   

A 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.

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(3)   

If 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,

 
 

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

7

 

(b)   

B does not have the disability, and

(c)   

A 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.

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(5)   

If the protected characteristic is race, less favourable treatment includes

segregating 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—

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(a)   

less favourable treatment of a woman includes less favourable

treatment 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).

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(9)   

This section is subject to sections 17(6) and 18(7).

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Combined discrimination: dual characteristics

(1)   

A person (A) also discriminates against another (B) if, because of a combination

of two relevant protected characteristics, A treats B less favourably than A

treats or would treat a person who does not share either of those

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characteristics.

(2)   

The relevant protected characteristics are—

(a)   

age;

(b)   

disability;

(c)   

gender reassignment;

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(d)   

race

(e)   

religion or belief;

(f)   

sex;

(g)   

sexual orientation.

(3)   

A does not discriminate against B by virtue of subsection (1) if, in consequence

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of another provision of this Act, A’s treatment of B is not a relevant

contravention.

(4)   

A relevant contravention is a contravention of this Act by virtue of section 13

because of one of the characteristics in the combination.

(5)   

For the purpose of establishing a contravention of this Act by virtue of

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subsection (1), it does not matter whether, in relation to either of the

characteristics in the combination, there is sufficient evidence to justify a

finding that there has been a relevant contravention.

(6)   

Proceedings relating to a contravention of this Act by virtue of subsection (1)

may not be brought if subsection (7) applies.

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(7)   

This subsection applies if—

 
 

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

8

 

(a)   

a provision of an enactment (including this Act) requires, in

circumstances to which the provision applies, proceedings relating to a

relevant contravention to be brought in a specified court, and

(b)   

in those circumstances, the court does not have jurisdiction to

determine a claim relating to a relevant contravention involving the

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other characteristic in the combination.

(8)   

A Minister of the Crown may by order specify other circumstances in which

proceedings relating to a contravention of this Act by virtue of subsection (1)

may not be brought; and an order under this subsection may amend this

section.

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(9)   

The reference to a court includes a reference to a tribunal and the reference to

a claim includes a reference to a complaint.

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Discrimination arising from disability

(1)   

A person (A) discriminates against a disabled person (B) if—

(a)   

A treats B in a particular way,

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(b)   

because of B’s disability, the treatment amounts to a detriment, and

(c)   

A 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.

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(3)   

It does not matter whether A has complied with a duty to make reasonable

adjustments in relation to B.

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Gender reassignment discrimination: cases of absence from work

(1)   

This section has effect for the purposes of the application of Part 5 (work) to the

protected characteristic of gender reassignment.

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(2)   

A person (A) discriminates against a transsexual person (B) if, in relation to an

absence 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

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be treated less favourably.

(3)   

A 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).

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Pregnancy and maternity discrimination: non-work cases

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(1)   

This section has effect for the purposes of the application to the protected

characteristic 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);

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(d)   

Part 7 (associations).

 
 

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

9

 

(2)   

A person (A) discriminates against a woman if A treats her unfavourably

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 unfavourably

because she has given birth.

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(4)   

The reference in subsection (3) to treating a woman unfavourably because she

has given birth includes, in particular, a reference to treating her unfavourably

because she is breast-feeding.

(5)   

For the purposes of this section, the day on which a woman gives birth is the

day on which—

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(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

done in relation to a woman in so far as—

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(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).

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Pregnancy and maternity discrimination: work cases

(1)   

This section has effect for the purposes of the application of Part 5 (work) to the

protected characteristic of pregnancy and maternity.

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(2)   

A person (A) discriminates against a woman if, in the protected period in

relation to a pregnancy of hers, A treats her unfavourably —

(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 unfavourably

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because she is on compulsory maternity leave.

(4)   

A person (A) discriminates against a woman if A treats her unfavourably

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

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implementation of a decision taken in the protected period, the treatment is to

be 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—

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(a)   

if she has the right to ordinary and additional maternity leave, at the

end 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.

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(7)   

Section 13, so far as relating to sex discrimination, does not apply to treatment

of 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).

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