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Equality Act 2010

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Equality Act 2010, Cross Heading: Discrimination: supplementary is up to date with all changes known to be in force on or before 14 December 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Discrimination: supplementaryE+W+S

23Comparison by reference to circumstancesE+W+S

(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 [F1to a person of the opposite sex] is not a material difference between the circumstances relating to each case.

[F2(4)If the protected characteristic is sexual orientation, the fact that one person (whether or not the person referred to as B) is married to a person of the same sex while another is married to a person of the opposite sex is not a material difference between the circumstances relating to each case.]

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Amendments (Textual)

24Irrelevance of alleged discriminator's characteristicsE+W+S

(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 discriminationE+W+S

(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.

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