Fair Employment and Treatment Order (Amendment) Regulations (Northern Ireland) 2003

Definition of “discrimination” and “unlawful discrimination”

4.—(1) In Article 3 of the Fair Employment and Treatment Order (definition of “discrimination” and “unlawful discrimination”) –

(a) in paragraph (2), for the words “this Order”, substitute “a provision of this Order, other than a provision to which paragraph (2A) applies,”; and

(b) after paragraph (2) insert –

“(2A) A person also discriminates against another person on the ground of religious belief or political opinion in any circumstances relevant for the purposes of any provision referred to in paragraph (2B) if –

(a) on either of those grounds he treats that other less favourably than he treats or would treat other persons; or

(b) he applies to that other a provision, criterion or practice which he applies or would apply equally to persons not of the same religious belief or political opinion as that other but –

(i) which puts or would put persons of the same religious belief or of the same political opinion as that other at a particular disadvantage when compared with other persons;

(ii) which puts that other at that disadvantage; and

(iii) which he cannot show to be a proportionate means of achieving a legitimate aim.

(2B) The provisions mentioned in paragraph (2A) are –

(a) Part III;

(b) Article 27, so far as it applies to vocational training or vocational guidance;

(c) Article 32; and

(d) Part V, in its application to the provisions referred to in sub-paragraphs (a) to (c).”.

(2) In paragraph (3) of that Article, after the words “paragraph (2)”, insert “or (2A)”.

(3) In paragraph (7)(a) of that Article, after the words “he does an act”, insert “other than an act of harassment”.