Indirect discrimination: same disadvantage 3.
(1)
(2)
“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)4, after “section 19” insert “or 19A”
.