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back to previous amendments
| | BARONESS HOWE OF IDLICOTE |
| 42 | Insert the following new Clause— |
| | "Combined indirect indiscrimination |
| (1) | A person (A) also discriminates against another person (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a combination of two relevant protected characteristics of B. |
| (2) | For the purposes of subsection (1) a provision, criterion or practice is discriminatory in relation to a combination of relevant protected characteristics of B if— |
| (a) | A applies, or would apply, it to persons who do not share the combination of protected characteristics, |
| (b) | it puts, or would put, persons with whom B shares the combination of protected characteristics at a particular disadvantage when compared with persons with whom B does not share both of these characteristics, |
| (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) | A relevant protected characteristic is a characteristic in section 19(3). |
| (4) | For the purpose of establishing a contravention of this Act by virtue of subsection (1), B need not show that A's treatment of B is indirect discrimination because of each of the characteristics in the combination (taken separately). |
| (5) | 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 indirect discrimination because of either or both of the characteristics in the combination. |
| (6) | Subsection (1) does not apply to a combination of characteristics that include disability in circumstances where, if a claim of indirect discrimination in relation to disability were to be brought, it would come within section 115. |
| (7) | 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 which B cannot, establish a contravention of this Act by virtue of subsection (1); |
| (b) | specify other circumstances in which subsection (1) does not apply. |
| (8) | The references to indirect discrimination are to a contravention of this Act by virtue of section 19." |
| 42A* | Page 10, line 29, leave out "three" and insert "four" |
| | BARONESS MORRIS OF BOLTON |
| 43 | Page 10, line 32, leave out "in comparison with persons who are not disabled" |
| 44 | Page 10, line 35, leave out "in comparison with persons who are not disabled" |
| 45 | Page 10, line 38, leave out subsection (5) and insert— |
| "( ) | The third requirement is a requirement to provide auxiliary aid or service where it would enable disabled persons to make use of, or facilitate the use by disabled persons of, a service or other relevant matter, and to take such steps as it is reasonable to have to take to provide the auxiliary aid." |
| 45A* | Page 10, line 41, at end insert— |
| "(5A) | The fourth requirement is a requirement, where the manner in which information is provided by A 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." |
| 45B* | Page 10, line 42, leave out "or third" and insert ", third or fourth" |
| 45C* | Page 11, line 22, leave out "or third" and insert ", third or fourth" |
| 45D* | Page 11, line 27, leave out "or third" and insert ", third or fourth" |
| 45E* | Page 11, line 36, leave out "or third" and insert ", third or fourth" |
| 46 | Page 13, line 5, leave out "Marriage" and insert "Marital status" |
| 47 | Page 13, line 6, leave out "marriage" and insert "marital status" |
| 48 | Page 13, line 9, leave out "marriage" and insert "marital status" |
| | LORD HARRIES OF PENTREGARTH |
| 49 | Page 13, line 15, at end insert— |
| "( ) | Caste discrimination is— |
| (a) | discrimination within section 13 because of caste; |
| (b) | discrimination within section 19 where the relevant protected characteristic is caste." |
| 50 | Page 13, line 15, at end insert— |
| "( ) | Scottish Gypsy travellers discrimination is— |
| (a) | discrimination within section 13 because of being a Scottish Gypsy traveller; |
| (b) | discrimination within section 19 where the relevant protected characteristic is being a Scottish Gypsy traveller." |
| 51 | Page 13, line 42, leave out "gender reassignment or sex" and insert "a relevant protected characteristic" |
| | LORD HARRIES OF PENTREGARTH |
| 52 | Page 14, line 15, at end insert— |
| 53 | Page 14, line 15, at end insert— |
| | "being a Scottish Gypsy traveller;" |
| | BARONESS MORRIS OF BOLTON |
| 54 | Page 14, line 18, at end insert— |
| "( ) | If the protected characteristic is disability, this section applies to a person who is perceived to have a disability." |
| | BARONESS MORRIS OF BOLTON |
| 55 | Insert the following new Clause— |
| | "Status of marriage and civil partnership |
| | For the avoidance of doubt, recognition in the tax system of the particular status of marriage or civil partnership is not discrimination under any provision of this Act." |
| | BARONESS HOWE OF IDLICOTE |
| 56 | Insert the following new Clause— |
| | "Harassment related to a combination of protected characteristics |
| (1) | A person (A) harasses another (B) if— |
| (a) | A engages in unwanted conduct related to a combination of relevant protected characteristics which has the purpose or effect mentioned in subsection (2), or |
| (b) | because of B's rejection or submission to unwanted conduct mentioned in paragraph (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, humilating or offensive environment for B. |
| (3) | In deciding whether the conduct has that effect, 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. |
| (4) | The relevant protected characteristics are those stated in section 26(5). |
| (5) | A relevant contravention is a contravention of this Act by virtue of section 26, in which the unwanted conduct is related to one of the characteristics in the combination. |
| (6) | For the purpose of establishing a contravention of this Act by virtue of subsection (1), B need not show that A's treatment of B is harassment related to each of the characteristics in the combination (taken separately). |
| (7) | Subsection (1) does not apply to a combination of characteristics that include disability in circumstances where, if a claim of indirect discrimination in relation to disability were to be brought, it would come within section 115. |
| (8) | 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 which B cannot, establish a contravention of this Act by virtue of subsection (1); |
| (b) | specify other circumstances in which subsection (1) does not apply. |
| (9) | The references to harassment are to a contravention of this Act by virtue of section 26." |
| | BARONESS MORRIS OF BOLTON |
| | LORD MORRIS OF HANDSWORTH |
| 57 | Page 15, line 6, leave out paragraph (a) |
| 57A* | Insert the following new Clause— |
| | Nothing in this Act shall have the effect of requiring a person (A) to provide a good or service to a person (B) when doing so has the effect of making A complicit with an action to which A has a genuine conscientious objection." |
| | BARONESS MORRIS OF BOLTON |
| 57B* | Page 132, leave out lines 25 to 27 and insert— |
| "( ) | to remove the feature, or |
| ( ) | to alter the feature, or |
| ( ) | to provide a reasonable means of avoiding the feature, or |
| ( ) | to provide a reasonable method of providing the service or exercising the function." |
| | BARONESS CAMPBELL OF SURBITON |
| 57C* | Page 133, line 10, at end insert— |
| "( ) | A requirement of a disabled person or disabled persons alone to pay the costs which result from compliance by a provider of services with a section 20 duty is a failure of compliance with that duty." |
| 57D* | Page 134, line 1, leave out "or third" and insert ", third and fourth" |
| | BARONESS MORRIS OF BOLTON |
| 58 | Page 137, line 27, leave out paragraph (b) |
| 59 | Page 145, line 17, leave out paragraph 30 |
| | LORD LESTER OF HERNE HILL |
| | BARONESS HOWE OF IDLICOTE |
| 60 | Page 146, line 10, at end insert— |
| | A broadcaster does not contravene section 29 by broadcasting or distributing (or refusing, failing or omitting to broadcast or distribute) particular content in its output or by broadcasting or distributing (or refusing, failing or omitting to broadcast or distribute) particular output at a particular time or in a particular manner, or by deciding (or failing or omitting to decide) to take any of these steps." |
| 60A* | Page 146, line 34, leave out "and third" and insert ", third and fourth" |
| 60B* | Page 147, line 30, leave out "and third" and insert ", third and fourth" |
| 60C* | Page 148, line 5, leave out "and third" and insert ", third and fourth" |
| 60D* | Page 148, line 34, leave out "requirement" and insert "and fourth requirements" |
| | LORD LESTER OF HERNE HILL |
| 61 | Page 23, line 27, after "employment" insert "or in relation to B's application for employment" |
| 62 | Page 23, line 30, after "B" insert "or a person with the same characteristic as B" |
| 63 | Page 23, line 31, after "employment" insert "or in relation to B's application for employment" |
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