Indirect discrimination on the ground of gender reassignment4B

1

A person (“A”) discriminates against another person (“B”) in any circumstances relevant for the purposes of —

a

any provision of Part 3; or

b

any provision of Part 4, so far as it applies to vocational training,

if A applies to B a provision, criterion or practice which is discriminatory in relation to B’s gender reassignment.

2

For the purposes of paragraph (1), a provision, criterion or practice is discriminatory in relation to B’s gender reassignment if—

a

A applies, or would apply, it to persons who do not intend to undergo, are not undergoing or have not undergone gender reassignment;

b

it puts, or would put, persons who intend to undergo, are undergoing or have undergone gender reassignment at a particular disadvantage when compared with persons who do not intend to undergo, are not undergoing or have not undergone gender reassignment;

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.