Article 4B Indirect discrimination on the ground of gender reassignmentF1

(1)

A person (“A”) discriminates against another person (“B”) in any circumstances relevant for the purposes of —

(a)

any provision of Part 3; or

(b)

any provision of Part 4, so far as it applies to vocational training,

if A applies to B a provision, criterion or practice which is discriminatory in relation to B’s gender reassignment.

(2)

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

(a)

A applies, or would apply, it to persons who do not intend to undergo, are not undergoing or have not undergone gender reassignment;

(b)

it puts, or would put, persons who intend to undergo, are undergoing or have undergone gender reassignment at a particular disadvantage when compared with persons who do not intend to undergo, are not undergoing or have not undergone gender reassignment;

(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. 4B inserted (2.5.2016) by The Sex Discrimination Order 1976 (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/191), regs. 1(1), 7

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)