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Equality Bill


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

8

 

(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 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

10

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.

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

of B’s disability, and

(b)   

A cannot show that the treatment is a proportionate means of achieving

20

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.

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);

(b)   

Part 4 (premises);

40

(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.

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

day on which—

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

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—

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

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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—

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.

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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

 

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

characteristic of B’s.

(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

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

10

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—

15

age;

disability;

gender reassignment;

marriage and civil partnership;

race;

20

religion or belief;

sex;

sexual orientation.

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)   

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

5

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—

10

(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.

15

(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

20

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

 

25

 

Part 6 (education)

Schedule 13

 
 

Part 7 (associations)

Schedule 15

 
 

Each of the Parts mentioned above

Schedule 21

 

21      

Failure to comply with duty

(1)   

A failure to comply with the first, second or third requirement is a failure to

30

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

35

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.

 
 

 
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