Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 2 — Equality: key concepts
Chapter 2 — Prohibited conduct
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Regulations
(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;
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(b)
descriptions of persons to whom the first, second or third requirement
does not apply.
(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
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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;
(d)
things which are, or which are not, to be treated as alterations of
physical features;
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(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, 14, or 19 there must be
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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
characteristic is disability;
(b)
on a comparison for the purposes of section 14, one of the protected
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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
married is not a material difference between the circumstances relating to each
case.
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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.
(2)
For the purpose of establishing a contravention of this Act by virtue of section
14(1), it does not matter—
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(a)
whether A has one of the protected characteristics in the combination;
(b)
whether A has both.
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References to particular strands of discrimination
(1)
Age discrimination is—
(a)
discrimination within section 13 because of age;
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Equality Bill
Part 2 — Equality: key concepts
Chapter 2 — Prohibited conduct
13

(b)
discrimination within section 19 where the relevant protected
characteristic is age.
(2)
Disability discrimination is—
(a)
discrimination within section 13 because of disability;
(b)
discrimination within section 15;
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(c)
discrimination within section 19 where the relevant protected
characteristic is disability;
(d)
discrimination within section 21.
(3)
Gender reassignment discrimination is—
(a)
discrimination within section 13 because of gender reassignment;
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(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—
(a)
discrimination within section 13 because of marriage and civil
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partnership;
(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
18.
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(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, and
(b)
the conduct has the purpose or effect of—
(i)
violating B’s dignity, or

Equality Bill
Part 2 — Equality: key concepts
Chapter 2 — Prohibited conduct
14

(ii)
creating an intimidating, hostile, degrading, humiliating or
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).
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(3)
A also harasses B if—
(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),
and
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(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
the conduct.
(4)
In deciding whether conduct has the effect referred to in subsection (1)(b), each
of the following must be taken into account—
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(a)
the perception of B;
(b)
the other circumstances of the case;
(c)
whether it is reasonable for the conduct to have that effect.
(5)
The relevant protected characteristics are—
age;
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disability;
gender reassignment;
race;
religion or belief;
sex;
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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
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(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;
(b)
giving evidence or information in connection with proceedings under
this Act;
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(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.
(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,
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in bad faith.
(4)
This section applies only where the person subjected to a detriment is an
individual.

Equality Bill
Part 3 — Services and public functions
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(5)
The reference to contravening this Act includes a reference to committing a
breach of an equality clause or rule.
Part 3
Services and public functions
Preliminary
5
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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;
(b)
marriage and civil partnership.
(2)
This Part does not apply to discrimination, harassment or victimisation—
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(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—
(a)
a breach of an equality clause or rule;
(b)
anything that would be a breach of an equality clause or rule but for
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section 69 or Part 2 of Schedule 7;
(c)
a breach of a non-discrimination rule.
Provision of services, etc.
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Provision of services, etc.
(1)
A person (a “service-provider”) concerned with the provision of a service to the
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public or a section of the public (for payment or not) must not discriminate
against a person requiring the service by not providing the person with the
service.
(2)
A service-provider (A) must not, in providing the service, discriminate against
a person (B)—
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(a)
as to the terms on which A provides the service to B;
(b)
by terminating the provision of the service to B;
(c)
by subjecting B to any other detriment.
(3)
A service-provider must not, in relation to the provision of the service,
harass—
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(a)
a person requiring the service, or
(b)
a person to whom the service-provider provides the service.
(4)
A service-provider must not victimise a person requiring the service by not
providing the person with the service.
(5)
A service-provider (A) must not, in providing the service, victimise a person
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(B)—
(a)
as to the terms on which A provides the service to B;
(b)
by terminating the provision of the service to B;
(c)
by subjecting B to any other detriment.

Equality Bill
Part 3 — Services and public functions
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(6)
A person must not, in the exercise of a public function that is not the provision
of a service to the public or a section of the public, do anything that constitutes
discrimination, harassment or victimisation.
(7)
A duty to make reasonable adjustments applies to—
(a)
a service-provider (and see also section 55(7));
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(b)
a person who exercises a public function that is not the provision of a
service to the public or a section of the public.
(8)
In the application of section 26 for the purposes of subsection (3), and
subsection (6) as it relates to harassment, neither of the following is a relevant
protected characteristic—
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(a)
religion or belief;
(b)
sexual orientation.
(9)
In the application of this section, so far as relating to race or religion or belief,
to the granting of entry clearance (within the meaning of the Immigration Act
1971), it does not matter whether an act is done within or outside the United
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Kingdom.
(10)
Subsection (9) does not affect the application of any other provision of this Act
to conduct outside England and Wales or Scotland.
Supplementary
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Ships and hovercraft
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(1)
This Part (subject to subsection (2)) applies only in such circumstances as are
prescribed in relation to—
(a)
transporting people by ship or hovercraft;
(b)
a service provided on a ship or hovercraft.
(2)
Section 29(6) applies in relation to the matters referred to in paragraphs (a) and
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(b) of subsection (1); but in so far as it relates to disability discrimination,
section 29(6) applies to those matters only in such circumstances as are
prescribed.
(3)
It does not matter whether the ship or hovercraft is within or outside the
United Kingdom.
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(4)
“Ship” has the same meaning as in the Merchant Shipping Act 1995.
(5)
“Hovercraft” has the same meaning as in the Hovercraft Act 1968.
(6)
Nothing in this section affects the application of any other provision of this Act
to conduct outside England and Wales or Scotland.
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Interpretation and exceptions
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(1)
This section applies for the purposes of this Part.
(2)
A reference to the provision of a service includes a reference to the provision of
goods or facilities.
(3)
A reference to the provision of a service includes a reference to the provision of
a service in the exercise of a public function.
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Equality Bill
Part 4 — Premises
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(4)
A public function is a function that is a function of a public nature for the
purposes of the Human Rights Act 1998.
(5)
Where an employer arranges for another person to provide a service only to the
employer’s employees—
(a)
the employer is not to be regarded as the service-provider, but
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(b)
the employees are to be regarded as a section of the public.
(6)
A reference to a person requiring a service includes a reference to a person who
is seeking to obtain or use the service.
(7)
A reference to a service-provider not providing a person with a service
includes a reference to—
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(a)
the service-provider not providing the person with a service of the
quality that the service-provider usually provides to the public (or the
section of it which includes the person), or
(b)
the service-provider not providing the person with the service in the
manner in which, or on the terms on which, the service-provider
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usually provides the service to the public (or the section of it which
includes the person).
(8)
In relation to the provision of a service by either House of Parliament, the
service-provider is the Corporate Officer of the House concerned; and if the
service involves access to, or use of, a place in the Palace of Westminster which
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members of the public are allowed to enter, both Corporate Officers are jointly
the service-provider.
(9)
Schedule 2 (reasonable adjustments) has effect.
(10)
Schedule 3 (exceptions) has effect.
Part 4
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Premises
Preliminary
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Application of this Part
(1)
This Part does not apply to the following protected characteristics—
(a)
age;
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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 5 (work) or Part 6 (education), or
(b)
that would be so prohibited but for an express exception.
(3)
This Part does not apply to the provision of accommodation if the provision—
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(a)
is generally for the purpose of short stays by individuals who live
elsewhere, or
(b)
is for the purpose only of exercising a public function or providing a
service to the public or a section of the public.
(4)
The reference to the exercise of a public function, and the reference to the
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provision of a service, are to be construed in accordance with Part 3.

Equality Bill
Part 4 — Premises
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(5)
This Part does not apply to—
(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 69 or Part 2 of Schedule 7;
(c)
a breach of a non-discrimination rule.
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Disposal and management
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Disposals, etc.
(1)
A person (A) who has the right to dispose of premises must not discriminate
against another (B)—
(a)
as to the terms on which A offers to dispose of the premises to B;
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(b)
by not disposing of the premises to B;
(c)
in A’s treatment of B with respect to things done in relation to persons
seeking premises.
(2)
Where an interest in a commonhold unit cannot be disposed of unless a
particular person is a party to the disposal, that person must not discriminate
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against a person by not being a party to the disposal.
(3)
A person who has the right to dispose of premises must not, in connection with
anything done in relation to their occupation or disposal, harass—
(a)
a person who occupies them;
(b)
a person who applies for them.
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(4)
A person (A) who has the right to dispose of premises must not victimise
another (B)—
(a)
as to the terms on which A offers to dispose of the premises to B;
(b)
by not disposing of the premises to B;
(c)
in A’s treatment of B with respect to things done in relation to persons
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seeking premises.
(5)
Where an interest in a commonhold unit cannot be disposed of unless a
particular person is a party to the disposal, that person must not victimise a
person by not being a party to the disposal.
(6)
In the application of section 26 for the purposes of subsection (3), neither of the
30
following is a relevant protected characteristic—
(a)
religion or belief;
(b)
sexual orientation.
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Permission for disposal
(1)
A person whose permission is required for the disposal of premises must not
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discriminate against another by not giving permission for the disposal of the
premises to the other.
(2)
A person whose permission is required for the disposal of premises must not,
in relation to an application for permission to dispose of the premises, harass a
person—
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(a)
who applies for permission to dispose of the premises, or
(b)
to whom the disposal would be made if permission were given.