|
| |
|
(4) | But B cannot establish a contravention of this Act by virtue of subsection (1) if, |
| |
in reliance on another provision of this Act or any other enactment, A shows |
| |
that A’s treatment of B is not direct discrimination because of either or both of |
| |
the characteristics in the combination. |
| |
(5) | Subsection (1) does not apply to a combination of characteristics that includes |
| 5 |
disability in circumstances where, if a claim of direct discrimination because of |
| |
disability were to be brought, it would come within section 115 (special |
| |
| |
(6) | A Minister of the Crown may by order amend this section so as to— |
| |
(a) | make further provision about circumstances in which B can, or in |
| 10 |
which B cannot, establish a contravention of this Act by virtue of |
| |
| |
(b) | specify other circumstances in which subsection (1) does not apply. |
| |
(7) | The references to direct discrimination are to a contravention of this Act by |
| |
| 15 |
15 | Discrimination arising from disability |
| |
(1) | A person (A) discriminates against a disabled person (B) if— |
| |
(a) | A treats B unfavourably because of something arising in consequence |
| |
| |
(b) | A cannot show that the treatment is a proportionate means of achieving |
| 20 |
| |
(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. |
| |
16 | 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 |
| 25 |
protected characteristic of gender reassignment. |
| |
(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 |
| 30 |
(b) | B’s absence was for some other reason and it is not reasonable for B to |
| |
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). |
| 35 |
17 | Pregnancy and maternity discrimination: non-work cases |
| |
(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); |
| |
| 40 |
(c) | Chapter 2 of Part 6 (further or higher education); |
| |
(d) | Part 7 (associations). |
| |
|
| |
|
| |
|
(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. |
| 5 |
(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 |
| |
| 10 |
(a) | she gives birth to a living child, or |
| |
(b) | she gives birth to a dead child (more than 24 weeks of the pregnancy |
| |
| |
(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— |
| 15 |
(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). |
| |
18 | 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. |
| 20 |
(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 |
| 25 |
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 |
| 30 |
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— |
| 35 |
(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. |
| 40 |
(7) | Section 13, so far as relating to sex discrimination, does not apply to treatment |
| |
| |
(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). |
| 45 |
|
| |
|
| |
|
19 | 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 |
| |
| |
(2) | For the purposes of subsection (1), a provision, criterion or practice is |
| 5 |
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 |
| |
| |
(b) | it puts, or would put, persons with whom B shares the characteristic at |
| |
a particular disadvantage when compared with persons with whom B |
| 10 |
| |
(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 |
| |
| |
(3) | The relevant protected characteristics are— |
| 15 |
| |
| |
| |
marriage and civil partnership; |
| |
| 20 |
| |
| |
| |
Adjustments for disabled persons |
| |
20 | Duty to make adjustments |
| 25 |
(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 |
| 30 |
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 |
| 35 |
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, |
| 40 |
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. |
| |
|
| |
|
| |
|
(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 |
| 5 |
other chattels, in or on premises, or |
| |
(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 |
| 10 |
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 3 (services and public functions) |
| | | 15 | | | | | | | | | | | | | | | | | | | | | | Each of the Parts mentioned above |
| | | 20 |
|
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 |
| |
| 25 |
(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 actionable by virtue of another provision |
| |
of this Act or otherwise. |
| 30 |
| |
(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 |
| |
| 35 |
(b) | descriptions of persons to whom the first, second or third requirement |
| |
| |
(2) | Regulations may make provision as to— |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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; |
| 5 |
(d) | things which are, or which are not, to be treated as alterations of |
| |
| |
(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 |
| 10 |
23 | Comparison by reference to circumstances |
| |
(1) | On a comparison of cases for the purposes of section 13, 14, or 19 there must be |
| |
no material difference between the circumstances relating to each case. |
| |
(2) | The circumstances relating to a case include a person’s abilities if— |
| |
(a) | on a comparison for the purposes of section 13, the protected |
| 15 |
characteristic is disability; |
| |
(b) | on a comparison for the purposes of section 14, one of the protected |
| |
characteristics in the combination is disability. |
| |
(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 |
| 20 |
married is not a material difference between the circumstances relating to each |
| |
| |
24 | Irrelevance of alleged discriminator’s characteristics |
| |
(1) | For the purpose of establishing a contravention of this Act by virtue of section |
| |
13(1), it does not matter whether A has the protected characteristic. |
| 25 |
(2) | For the purpose of establishing a contravention of this Act by virtue of section |
| |
14(1), it does not matter— |
| |
(a) | whether A has one of the protected characteristics in the combination; |
| |
| |
25 | References to particular strands of discrimination |
| 30 |
(1) | Age discrimination is— |
| |
(a) | discrimination within section 13 because of age; |
| |
(b) | discrimination within section 19 where the relevant protected |
| |
| |
(2) | Disability discrimination is— |
| 35 |
(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. |
| 40 |
(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. |
| |
(4) | Marriage and civil partnership discrimination is— |
| 5 |
(a) | discrimination within section 13 because of marriage and civil |
| |
| |
(b) | discrimination within section 19 where the relevant protected |
| |
characteristic is marriage and civil partnership. |
| |
(5) | Pregnancy and maternity discrimination is discrimination within section 17 or |
| 10 |
| |
(6) | Race discrimination is— |
| |
(a) | discrimination within section 13 because of race; |
| |
(b) | discrimination within section 19 where the relevant protected |
| |
| 15 |
(7) | Religious or belief-related discrimination is— |
| |
(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— |
| 20 |
(a) | discrimination within section 13 because of sex; |
| |
(b) | discrimination within section 19 where the relevant protected |
| |
| |
(9) | Sexual orientation discrimination is— |
| |
(a) | discrimination within section 13 because of sexual orientation; |
| 25 |
(b) | discrimination within section 19 where the relevant protected |
| |
characteristic is sexual orientation. |
| |
| |
| |
(1) | A person (A) harasses another (B) if— |
| 30 |
(a) | A engages in unwanted conduct related to a relevant protected |
| |
| |
(b) | the conduct has the purpose or effect of— |
| |
(i) | violating B’s dignity, or |
| |
(ii) | creating an intimidating, hostile, degrading, humiliating or |
| 35 |
offensive environment for B. |
| |
(2) | A also harasses B if— |
| |
(a) | A engages in unwanted conduct of a sexual nature, and |
| |
(b) | the conduct has the purpose or effect referred to in subsection (1)(b). |
| |
(3) | A also harasses B if— |
| 40 |
(a) | A or another person engages in unwanted conduct of a sexual nature or |
| |
that is related to gender reassignment or sex, |
| |
|
| |
|
| |
|
(b) | the conduct has the purpose or effect referred to in subsection (1)(b), |
| |
| |
(c) | because of B’s rejection of or submission to the conduct, A treats B less |
| |
favourably than A would treat B if B had not rejected or submitted to |
| |
| 5 |
(4) | In deciding whether conduct has the effect referred to in subsection (1)(b), each |
| |
of the following must be taken into account— |
| |
| |
(b) | the other circumstances of the case; |
| |
(c) | whether it is reasonable for the conduct to have that effect. |
| 10 |
(5) | The relevant protected characteristics are— |
| |
| |
| |
| |
| 15 |
| |
| |
| |
| |
(1) | A person (A) victimises another person (B) if A subjects B to a detriment |
| 20 |
| |
(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) | bringing proceedings under this Act; |
| 25 |
(b) | giving evidence or information in connection with proceedings under |
| |
| |
(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 |
| |
has contravened this Act. |
| 30 |
(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, |
| |
| |
(4) | This section applies only where the person subjected to a detriment is an |
| |
| 35 |
(5) | The reference to contravening this Act includes a reference to committing a |
| |
breach of an equality clause or rule. |
| |
|
| |
|