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Sex Discrimination (Northern Ireland) Order 1976
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Sex Discrimination (Northern Ireland) Order 1976, Section 6A is up to date with all changes known to be in force on or before 28 April 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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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 6A:
- Instrument am. (prosp.) by 1998 c. 17 s.50 Sch.4 para.13
- Instrument am. (prosp.) by 1998 c. 32 s.74(1) Sch.4 para.12
- Instrument rev. in pt. (saving) (prosp.) by 1998 c. 32 s.74(2) (3) Schs.5 6
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Act amended by 1996 c. 46 s. 22
- Act amended by 1996 c. 46 s. 22
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch.3 rev. (prosp.) by 1998 c. 47 ss .99 100(2) Sch.13 para.2(4). Sch.15
- Sch.6 para.2 rev. (prosp.) by 1998 c. 47 s. 100(2) Sch.15
- art.19(6)(aa) added (prosp.) by 1997 c. 50 s.134(1) Sch.9 para.37
- art.19(6)(aa) added (prosp.) by 1997 c. 50 s.134(1) Sch.9 para.37
- art.54(2) (3) (4) rev. (prosp.) by 1998 c. 47 ss .99 100(2) Sch.13 para.2(3)(b). Sch. 15
[F1Harassment, including sexual harassmentN.I.
6A.—(1) For the purposes of this Order, a person subjects a woman to harassment if—
(a)[F2he engages in unwanted conduct that is related to her sex or that of another person and] has the purpose or effect—
(i)of violating her dignity, or
(ii)of creating an intimidating, hostile, degrading, humiliating or offensive environment for her,
(b)he engages in any form of unwanted verbal, non-verbal or physical conduct of a sexual nature that has the purpose or effect—
(i)of violating her dignity, or
(ii)of creating an intimidating, hostile, degrading, humiliating or offensive environment for her, or
(c)on the ground of her rejection of or submission to unwanted conduct of a kind mentioned in sub-paragraph (a) or (b), he treats her less favourably than he would treat her had she not rejected, or submitted to, the conduct.
(2) Conduct shall be regarded as having the effect mentioned in paragraph (1) (a) or (b) only if, having regard to all the circumstances, including in particular the perception of the woman, it should reasonably be considered as having that effect.
(3) For the purposes of this Order, a person ( “A”) subjects another person ( “B”) to harassment if—
(a)A, on the ground that B intends to undergo, is undergoing or has undergone gender reassignment, engages in unwanted conduct that has the purpose or effect—
(i)of violating B's dignity, or
(ii)of creating an intimidating, hostile, degrading, humiliating or offensive environment for B;
(b)A, on the ground of B's rejection of or submission to unwanted conduct of a kind mentioned in sub-paragraph (a), treats B less favourably than A would treat B had B not rejected, or submitted to, the conduct.
(4) Conduct shall be regarded as having the effect mentioned in paragraph (3)(a) only if, having regard to all the circumstances, including in particular the perception of B, it should reasonably be considered as having that effect.
(5) Paragraph (1) is to be read as applying equally to the harassment of men, and for that purpose shall have effect with such modifications as are requisite.
(6) For the purposes of paragraphs (1) and (3), a provision of Part III or IV framed with reference to harassment of women shall be treated as applying equally to the harassment of men and for that purpose will have effect with such modifications as are requisite.]
F1SR 2005/426
F2Words in art. 6A(1)(a) substituted (6.4.2008) by Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/159), reg. 3
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