Article 3A Indirect discrimination on the ground of sexF1

(1)

In any circumstances relevant for the purposes of any provision of this Order, a person (“A”) discriminates against another person (“B”) if A applies to B a provision, criterion or practice which is discriminatory in relation to B’s sex.

(2)

For the purposes of paragraph (1), a provision, criterion or practice is discriminatory in relation to B’s sex, if –

(a)

A applies, or would apply, it to persons of a different sex,

(b)

it puts, or would put, persons of the same sex as B at a particular disadvantage when compared with persons of a different sex,

(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.

Annotations

Textual amendments

F1: Art. 3A inserted (2.5.2016) by The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/191), regs. 1(1), 4(2)

Notes on the whole Order

Textual amendments

F1: function transf. by SR 1999/481

Notes on Part II

Modifications

C1: Pt. 2 applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 4 para. 4(1)(2)(a); S.I. 2013/1682, art. 3(k)