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Sex Discrimination (Northern Ireland) Order 1976
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Changes over time for: Section 3
Version Superseded: 02/05/2016
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- 01/01/2006- Amendment
- 06/04/2008- Amendment
- 31/03/2011- Amendment
- 31/03/2011
Point in time - 02/05/2016- Amendment
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Sex Discrimination (Northern Ireland) Order 1976, Section 3 is up to date with all changes known to be in force on or before 14 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1Direct and indirect discrimination against womenN.I.
3.—(1) In any circumstances relevant for the purposes of any provision of this Order, other than a provision to which paragraph (2) applies, a person discriminates against a woman if—
(a)on the ground of her sex, he treats her less favourably than he treats or would treat a man, or
(b)he applies to her a requirement or condition which he applies or would apply equally to a man but—
(i)which is such that the proportion of women who can comply with it is considerably smaller than the proportion of men who can comply with it,
(ii)which he cannot show to be justifiable irrespective of the sex of the person to whom it is applied, and
(iii)which is to her detriment because she cannot comply with it.
(2) In any circumstances relevant for the purposes of a provision to which this paragraph applies, a person discriminates against a woman if—
(a)on the ground of her sex, he treats her less favourably than he treats or would treat a man, or
[F2(b)he applies to her a provision criterion or practice which he applies or would apply equally to a man, but—
(i)which puts or would put women at a particular disadvantage when compared with men,
(ii)which puts [F3, or would put,] her at that disadvantage, and
(iii)which he cannot show to be a proportionate means of achieving a legitimate aim.]
(3) Paragraph (2) applies to—
(a)any provision of Part III, F4. . .
[F5(aa)Articles 30 to 32, except in so far as they relate to an excluded matter, and]
(b)any provision of Part IV, so far as it applies to vocational training.
Para. (4) rep. by 2004 c. 33]
F1SR 2001/282
F2SR 2005/426
F3Words in art. 3(2)(b)(ii) inserted (31.3.2011) by Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/156), reg. 3
F4Word in art. 3(3)(a) omitted (6.4.2008) by virtue of Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963), regs. 1(1), 2(2), Sch. 2 para. 1(a)
F5Art. 3(3)(aa) inserted (6.4.2008) by Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963), regs. 1(1), 2(2), Sch. 2 para. 1(b)
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