Equality Bill

House of Lords

Session 2009 - 10
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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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(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
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disability in circumstances where, if a claim of direct discrimination because of
disability were to be brought, it would come within section 116 (special
educational needs).
(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
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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.
(7)
The references to direct discrimination are to a contravention of this Act by
virtue of section 13.
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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
of B’s disability, and
(b)
A cannot show that the treatment is a proportionate means of achieving
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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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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
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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
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(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).
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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);
(b)
Part 4 (premises);
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(c)
Part 6 (education);
(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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Equality Bill
Part 2 — Equality: key concepts
Chapter 2 — Prohibited conduct
10

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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)
Where the first or third requirement relates to the provision of information, the
steps which it is reasonable for A to have to take include steps for ensuring that

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

in the circumstances concerned the information is provided in an accessible
format.
(7)
A person (A) who is subject to a duty to make reasonable adjustments is not
(subject to express provision to the contrary) entitled to require a disabled
person, in relation to whom A is required to comply with the duty, to pay to
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any extent A’s costs of complying with the duty.
(8)
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.
(9)
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—
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(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
other chattels, in or on premises, or
(d)
any other physical element or quality.
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(10)
A reference in this section, section 21 or 22 or an applicable Schedule to an
auxiliary aid includes a reference to an auxiliary service.
(11)
A reference in this section or an applicable Schedule to chattels is to be read, in
relation to Scotland, as a reference to moveable property.
(12)
The applicable Schedule is, in relation to the Part of this Act specified in the
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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

Part 4 (premises)
Schedule 4

Part 5 (work)
Schedule 8

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Part 6 (education)
Schedule 13

Part 7 (associations)
Schedule 15

Each of the Parts mentioned above
Schedule 21

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Failure to comply with duty
(1)
A failure to comply with the first, second or third requirement is a failure to
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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.
(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
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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.