The Equality Act 2010 (Amendment) Regulations 2023

Indirect discrimination: same disadvantage

3.—(1) The Equality Act 2010 is amended in accordance with paragraphs (2) to (7).

(2) After section 19 (indirect discrimination) insert—

“19A.    Indirect discrimination: same disadvantage

(1) A person (A) discriminates against another (B) if—

(a) A applies to B a provision, criterion or practice,

(b) A also applies, or would apply, the provision, criterion or practice to—

(i) persons who share a relevant protected characteristic, and

(ii) persons who do not share that relevant protected characteristic,

(c) B does not share that relevant protected characteristic,

(d) the provision, criterion or practice puts, or would put, persons with the relevant protected characteristic at a particular disadvantage when compared with persons who do not share the relevant protected characteristic,

(e) the provision, criterion or practice puts, or would put, B at substantively the same disadvantage as persons who do share the relevant protected characteristic, and

(f) A cannot show that the provision, criterion or practice is a proportionate means of achieving a legitimate aim.

(2) The relevant protected characteristics for the purposes of this section are—

• age;

• disability;

• gender reassignment;

• marriage and civil partnership;

• race;

• religion or belief;

• sex;

• sexual orientation.”.

(3) In section 23(1) (comparison by reference to circumstances), for “or 19” substitute “19 or 19A”.

(4) In section 25 (references to particular strands of discrimination), in each of the following places after “section 19” insert “or 19A” —

(a) subsection (1)(b);

(b) subsection (2)(c);

(c) subsection (3)(c);

(d) subsection (4)(b);

(e) subsection (6)(b);

(f) subsection (7)(b);

(g) subsection (8)(b);

(h) subsection (9)(b).

(5) In section 119(5)(a) (remedies), after “section 19” insert “or 19A”.

(6) In section 124(4)(a) (remedies: general), after “section 19” insert “or 19A”.

(7) In Schedule 28 (definitions), in the second column of the row beginning “Discrimination”, for “19” substitute “19A”.

(8) In section 24A(1)(e) of the Equality Act 2006 (enforcement powers: supplemental)(1), after “section 19” insert “or 19A”.

(1)

2006 c. 3. Section 24A was inserted by paragraph 68 of Schedule 26 to the Equality Act 2010.