Part 2Equality: key concepts
Chapter 2Prohibited conduct
Discrimination: supplementary
23Comparison by reference to circumstances
1
On a comparison of cases for the purposes of section 13, 14, or 19 there must be no material difference between the circumstances relating to each case.
2
The circumstances relating to a case include a person's abilities if—
a
on a comparison for the purposes of section 13, the protected characteristic is disability;
b
on a comparison for the purposes of section 14, one of the protected characteristics in the combination is disability.
3
If the protected characteristic is sexual orientation, the fact that one person (whether or not the person referred to as B) is a civil partner while another is married is not a material difference between the circumstances relating to each case.