OpenLegislation

Section 19A Indirect discrimination: same disadvantage

(1)

F1A person (A) discriminates against another (B) if—

(a)

A applies to B a provision, criterion or practice,

(b)

A also applies, or would apply, the provision, criterion or practice to—

(i)

persons who share a relevant protected characteristic, and

(ii)

persons who do not share that relevant protected characteristic,

(c)

B does not share that relevant protected characteristic,

(d)

the provision, criterion or practice puts, or would put, persons with the relevant protected characteristic at a particular disadvantage when compared with persons who do not share the relevant protected characteristic,

(e)

the provision, criterion or practice puts, or would put, B at substantively the same disadvantage as persons who do share the relevant protected characteristic, and

(f)

A cannot show that the provision, criterion or practice is a proportionate means of achieving a legitimate aim.

(2)

The relevant protected characteristics for the purposes of this section are—

  • age;

  • disability;

  • gender reassignment;

  • marriage and civil partnership;

  • race;

  • religion or belief;

  • sex;

  • sexual orientation.

Annotations

Textual amendments

F1

S. 19A inserted (1.1.2024) by The Equality Act 2010 (Amendment) Regulations 2023 (S.I. 2023/1425), regs. 1(2), 3(2)