Part 2Equality: key concepts
Chapter 2Prohibited conduct
Discrimination: supplementary
23Comparison 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 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 married is not a material difference between the circumstances relating to each case.
24Irrelevance 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—
a
whether A has one of the protected characteristics in the combination;
b
whether A has both.
25References to particular strands of discrimination
1
Age discrimination is—
a
discrimination within section 13 because of age;
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;
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;
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 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.
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—
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;
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 characteristic is sexual orientation.