Equality Bill [HL]—continued
Part 2—continued
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Discrimination

9      Discrimination

It is unlawful in a protected area of activity for a person to act in a way that directly or indirectly discriminates against another person.

10     Meaning of direct discrimination

(1)    A person (“P”) directly discriminates against another person (“B”) if, for a reason related to one or more of the prohibited grounds—
(a)    P treats B less favourably than another person (“C”) is, has been or would be treated by him in a comparable situation; or
(b)    P subjects B to a detriment.
(2)    A comparison of the situations of B and C must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.
(3)    For the purposes of subsection (1), segregating B from other persons on racial grounds is to be treated as an act that directly discriminates against him.
(4)    But nothing in subsection (3) prevents a court or tribunal from taking the view in any particular case that segregating B from other persons on any other prohibited ground is an act of direct discrimination.
(5)    The reference in subsection (3) to a person doing an act on racial grounds is a reference to his doing it for reason or reasons related to a person's colour, race, nationality or ethnic or national origins.

11     Meaning of indirect discrimination

(1)    A person (“P”) indirectly discriminates against another person (“B”) in any of the following cases:

CASE 1
  Where B has any of the characteristics specified in subsection (2) and P applies to B a provision, criterion or practice which he applies or would apply equally to persons who do not have that characteristic but—
(a)    which puts, or would put, persons with that characteristic at a particular disadvantage when compared with other persons; and
(b)    which puts B at a disadvantage.

CASE 2
  Where B is of any given age and P applies to B a provision, criterion or practice which he applies or would apply equally to persons without regard to their age but which—
(a)    puts, or would put, persons of B's age (or of a similar age), at a particular disadvantage when compared with other persons; and
(b)    puts B at a disadvantage.

CASE 3
  Where B is a disabled person and P fails to comply with any duty imposed on him in relation to disabled persons by any of sections 34 to 36.
(2)    For the purposes of Case 1, the specified characteristics are—
(a)    his colour, race, nationality or ethnic or national origins;
(b)    any disability B has or has had;
(c)    his family status;
(d)    that he has undergone a gender reassignment;
(e)    his marital status;
(f)    in the case of a woman, that she is pregnant;
(g)    any religion or belief he has;
(h)    his sex;
(i)    his sexual orientation.
(3)    Case 1 or 2 does not apply if P shows that—
(a)    the application by him of any provision, criterion or practice is objectively justified by a legitimate aim; and
(b)    the means of achieving that aim are proportionate to it.
(4)    Where B has more than one specified characteristic, Case 1 is to be applied by considering the specified characteristics in question together, as well as separately.

Harassment

12     Harassment

(1)    It is unlawful in a protected area of activity for a person (“P”) to subject another person (“B”) to harassment for a reason related to one or more of the prohibited grounds.
(2)    P harasses B where he subjects him to unwanted conduct that has the purpose or effect of—
(a)    violating B's dignity; or
(b)    creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
(3)    Conduct is to be regarded as having the effect specified in subsection (2)(a) or (b) if (but only if) it may reasonably be considered to have that effect.
(4)    For the purposes of subsection (3), regard is to be had to all the circumstances, including in particular B's perception of the conduct in question.
(5)    This section does not affect the law relating to harassment in circumstances apart from those specified in it.

Victimisation

13     Victimisation

(1)    It is unlawful in a protected area of activity for a person to subject another person (“B”) to adverse treatment where there would be no such treatment but for B—
(a)    taking, having taken or intending to take a protected step; or
(b)    being under suspicion of taking, or intending to take, a protected step.
(2)    “Protected step” means—
(a)    making a complaint under section 7 against any person;
(b)    giving evidence or information in connection with any proceedings under this Act;
(c)    making an allegation that a person has behaved in a particular manner which, if the allegation were true, would constitute a contravention of this Chapter;
(d)    taking any other step under or by reference to this Act (such as by commencing any proceedings before a court or tribunal otherwise than as specified in paragraph (a), including proceedings brought otherwise than under this Act).
(3)    Subsection (1) does not apply to treatment of B by reason of any allegation made by him if the allegation was false and not made in good faith.

Other unlawful acts

14     Publishing discriminatory advertisements

(1)    It is unlawful for a person to publish or cause to be published an advertisement which indicates, or which might reasonably be understood as indicating, an intention by any other person to carry out an act that amounts to discrimination (or that would do so apart from any provision of Schedule 6).
(2)    A person who publishes an advertisement made unlawful by subsection (1) is not subject to any liability in respect of the publication of the advertisement if he shows that—
(a)    the advertisement was published in reliance on a statement made to him by the person who caused it to be published to the effect that the intended act to which the advertisement relates would not be unlawful; and
(b)    it is reasonable for him to rely on the statement.
(3)    Where—
(a)    a responsible person knowingly or recklessly makes a statement of a kind mentioned in subsection (2)(a); and
(b)    the statement is false or misleading in a material respect;
    that person commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4)    “Advertisement” includes every form of advertisement or notice, whether to the public or not.

15     Giving instructions to discriminate

It is unlawful for a person (“A”) to instruct another person (“B”) to carry out an act that amounts to discrimination, harassment or victimisation if—

(a)    A has authority over B; or
(b)    B is accustomed to acting in accordance with A's wishes.

16     Imposing pressure on another to discriminate

(1)    It is unlawful for a person to induce or attempt to induce another person to carry out an act that amounts to discrimination, harassment or victimisation.
(2)    An inducement that is not communicated directly to another person may be unlawful if it is communicated in such a way that the other person is likely to hear of it.

17     Aiding unlawful acts

(1)    A person who knowingly aids another person to carry out an act that amounts to discrimination, harassment or victimisation is to be treated as also carrying out that act.
(2)    Where a person (“A”)—
(a)    is liable under section 19 for the act of another person (“B”); or
(b)    would be so liable but for section 19(5);
    is deemed to aid the carrying out of the act by A.
(3)    A person is not to be taken as knowingly aiding another person to carry out an unlawful act if—
(a)    he acts in reliance on a statement made to him by that other person to the effect that, by reason of any provision of this Chapter, the act which he aids would not be unlawful; and
(b)    it is reasonable for him to rely on the statement.
(4)    Where—
(a)    a person knowingly or recklessly makes a statement of a kind mentioned in subsection (3)(a); and
(b)    the statement is false or misleading in a material respect;
    that person commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Miscellaneous and supplemental

18     Relationships in the employment field that have come to an end

(1)    This section applies where there has been a work relationship and the relationship has come to an end.
(2)    “Work relationship” is a relationship in the protected area of activity specified in section 6(1)(b) during the course of which it would have been unlawful for one party to the relationship (“P”) to do an act that amounts to discrimination, harassment or victimisation in relation to another party.
(3)    It is unlawful for P to do an act that amounts to discrimination, harassment or victimisation in relation to another party where the discrimination, harassment or victimisation arises out of, or is closely connected with, the work relationship.

19     Persons liable for the acts of others

(1)    Except in a case falling within subsection (2), anything done by a person in the course of his employment is to be treated for the purposes of this Chapter as also done by his employer, whether or not it was done with the employer's knowledge or approval.
(2)    Where any person (“A”) makes work (“contract work”) available for doing by individuals who are employed by another person (“B”) who supplies them under a contract made with A, anything done by a person in the course of the contract work is to be treated for the purposes of this Chapter as also done by A (and not by B), whether or not it was done with A's knowledge or approval.
(3)    Anything done by a person as agent for another person (“principal”) with the authority of the principal is to be treated for the purposes of this Chapter as also done by the principal.
(4)    Subsection (3) applies whether the authority was—
(a)    express or implied; or
(b)    given before or after the act in question was done.
(5)    In proceedings under this Act against any person (“A”) in respect of an act alleged to have been done by an employee of his or by a person doing contract work for him, it is a defence for A to show that he took such steps as were reasonably practicable to prevent the employee or person in question from—
(a)    doing that act; or
(b)    doing, in the course of his employment or in the course of contract work done for that person, acts of that description.
(6)    Nothing in this section applies to the offences created by section 14(3) or 17(4).
(7)    In this section “employment” means employment under a contract of service or apprenticeship or a contract personally to do any work (whether the contract is express or implied and, if express, whether oral or in writing); and references to employer and employee are to be construed accordingly.

20     Application of section 19 to the police etc.

(1)    The holding of a relevant police office is to be treated for the purposes of section 19 as employment by the chief officer of police (and as not being employment by any other person); and anything done by a person holding a relevant police office in the performance (or purported performance) of his functions is to be treated as done in the course of that employment.
(2)    Subsection (1) applies in relation to the National Crime Intelligence Service (“NCIS”) and the National Crime Squad (“the NCS”), as it applies in relation to the police force but as if any reference to the chief officer of police were to the Director General of NCIS or of the NCS (as the case may be).
(3)    Subsection (1) also applies in relation to any other body of constables or police cadets as it applies in relation to the police force, but as if any reference to the chief officer of police were to the officer or other person who has the direction or control of the body in question.
(4)    In relation to a member of a police force or a special constable who is not under the direction and control of the chief officer of police for that police force or, as the case may be, for the police area to which he is appointed, references in subsection (1) to the chief officer of police are references to the chief officer under whose direction and control he is.
(5)    “Relevant police office” means—
(a)    the office of constable held—
(i)    as a member of a police force; or
(ii)    on appointment as a special constable for a police area;
(b)    an appointment as a probationer constable; or
(c)    an appointment as police cadet to undergo training with a view to becoming a member of a police force.

CHAPTER 2

 

 
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Prepared 16 January 2003