Part 2Equality: key concepts

Chapter 2Prohibited conduct

Discrimination

19Indirect discrimination

1

A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.

2

For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if—

a

A applies, or would apply, it to persons with whom B does not share the characteristic,

b

it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it,

c

it puts, or would put, B at that disadvantage, and

d

A cannot show it to be a proportionate means of achieving a legitimate aim.

3

The relevant protected characteristics are—

  • age;

  • disability;

  • gender reassignment;

  • marriage and civil partnership;

  • race;

  • religion or belief;

  • sex;

  • sexual orientation.