Part 2Equality: key concepts
Chapter 2Prohibited conduct
Discrimination
13Direct discrimination
1
A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.
2
If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim.
3
If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.
4
If the protected characteristic is marriage and civil partnership, this section applies to a contravention of Part 5 (work) only if the treatment is because it is B who is married or a civil partner.
5
If the protected characteristic is race, less favourable treatment includes segregating B from others.
6
If the protected characteristic is sex—
a
less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding;
b
in a case where B is a man, no account is to be taken of special treatment afforded to a woman in connection with pregnancy F1, childbirth or maternity.
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8
This section is subject to sections 17(6) and 18(7).