The Employment Equality (Sex Discrimination) Regulations 2005

Indirect discrimination

3.—(1) In the 1975 Act, in section 1(2), for paragraph (b) (definition of indirect discrimination) substitute—

“(b) he applies to her a provision, criterion or practice which he applies or would apply equally to a man, but—

(i) which puts or would put women at a particular disadvantage when compared with men,

(ii) which puts her at that disadvantage, and

(iii) which he cannot show to be a proportionate means of achieving a legitimate aim.”.

(2) In the 1975 Act, in section 3(1), as substituted by the Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001(1), for paragraph (b) (definition of indirect discrimination against married people) substitute—

“(b) he applies to that person a provision, criterion or practice which he applies or would apply equally to an unmarried person, but—

(i) which puts or would put married persons at a particular disadvantage when compared with unmarried persons of the same sex,

(ii) which puts that person at that disadvantage, and

(iii) which he cannot show to be a proportionate means of achieving a legitimate aim.”.

(1)

S.I. 2001/2660.