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Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003
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Discrimination on grounds of sexual orientationN.I.
3.—(1) For the purposes of these Regulations, a person (“A”) discriminates against another person (“B”) if –
(a)on grounds of sexual orientation, A treats B less favourably than he treats or would treat other persons; or
(b)A applies to B a provision, criterion or practice which he applies or would apply equally to persons not of the same sexual orientation as B, but –
(i)which puts or would put persons of the same sexual orientation as B at a particular disadvantage when compared with other persons,
(ii)which puts B at that disadvantage, and
(iii)which A cannot show to be a proportionate means of achieving a legitimate aim.
(2) A comparison of B’s case with that of another person under paragraph (1) must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.
[F1(3) For the purposes of paragraph (2), in a comparison of B’s case with that of another person the fact that one of the persons (whether B or not) is a civil partner while the other is married shall not be treated as a material difference between their respective circumstances.]
[F2(4) For the purposes of paragraph (2), in a comparison of B’s case with that of another person the fact that one of the persons (whether B or not) is married to, or the civil partner of, a person of the same sex while the other is married to, or the civil partner of, a person of the opposite sex shall not be treated as a material difference between their respective circumstances.]
Textual Amendments
F1Reg. 3(3) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order (Northern Ireland) 2005 (S.R. 2005/520), art. 1(1), Sch. para. 18(1)
F2Reg. 3(4) inserted (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 155 (with regs. 6-9)
Commencement Information
I1Reg. 3 in operation at 2.12.2003, see reg. 1
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