Insertion of Article 4B into the 1976 Order

7.  After Article 4A (discrimination on the ground of gender reassignment), insert the following—

“Indirect discrimination on the ground of gender reassignment

4B.— (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.”.