Regulation 3 Indirect discrimination

In the 1975 Act, in section 1(2), for paragraph (b) (definition of indirect discrimination) substitute—

“(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 her at that disadvantage, and

(iii)

which he cannot show to be a proportionate means of achieving a legitimate aim.”.

In the 1975 Act, in section 3(1), as substituted by the Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001^f1, for paragraph (b) (definition of indirect discrimination against married people) substitute—

“(b)

he applies to that person a provision, criterion or practice which he applies or would apply equally to an unmarried person, but—

(i)

which puts or would put married persons at a particular disadvantage when compared with unmarried persons of the same sex,

(ii)

which puts that person at that disadvantage, and

(iii)

which he cannot show to be a proportionate means of achieving a legitimate aim.”.