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Part 2 E+W+SEquality: key concepts

Chapter 2E+W+SProhibited conduct

DiscriminationE+W+S

15Discrimination arising from disabilityE+W+S

(1)A person (A) discriminates against a disabled person (B) if—

(a)A treats B unfavourably because of something arising in consequence of B's disability, and

(b)A cannot show that the treatment is a proportionate means of achieving a legitimate aim.

(2)Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.