Indirect discrimination: same disadvantage3
2
After section 19 (indirect discrimination) insert—
19AIndirect discrimination: same disadvantage
1
A person (A) discriminates against another (B) if—
a
A applies to B a provision, criterion or practice,
b
A also applies, or would apply, the provision, criterion or practice to—
i
persons who share a relevant protected characteristic, and
ii
persons who do not share that relevant protected characteristic,
c
B does not share that relevant protected characteristic,
d
the provision, criterion or practice puts, or would put, persons with the relevant protected characteristic at a particular disadvantage when compared with persons who do not share the relevant protected characteristic,
e
the provision, criterion or practice puts, or would put, B at substantively the same disadvantage as persons who do share the relevant protected characteristic, and
f
A cannot show that the provision, criterion or practice is a proportionate means of achieving a legitimate aim.
2
The relevant protected characteristics for the purposes of this section are—
age;
disability;
gender reassignment;
marriage and civil partnership;
race;
religion or belief;
sex;
sexual orientation.
3
In section 23(1) (comparison by reference to circumstances), for “or 19” substitute “19 or 19A”
.
4
In section 25 (references to particular strands of discrimination), in each of the following places after “section 19” insert “or 19A”
—
a
subsection (1)(b);
b
subsection (2)(c);
c
subsection (3)(c);
d
subsection (4)(b);
e
subsection (6)(b);
f
subsection (7)(b);
g
subsection (8)(b);
h
subsection (9)(b).
5
In section 119(5)(a) (remedies), after “section 19” insert “or 19A”
.
6
In section 124(4)(a) (remedies: general), after “section 19” insert “or 19A”
.
7
In Schedule 28 (definitions), in the second column of the row beginning “Discrimination”, for “19” substitute “19A”
.
8
In section 24A(1)(e) of the Equality Act 2006 (enforcement powers: supplemental)4, after “section 19” insert “or 19A”
.