Section 13 — Equality Act 2010: Direct discrimination

Direct discrimination 13 1 A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.

2 If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim.

3 If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.

4 If the protected characteristic is marriage and civil partnership, this section applies to a contravention of Part 5 (work) only if the treatment is because it is B who is married or a civil partner.

5 If the protected characteristic is race, less favourable treatment includes segregating B from others.

6 If the protected characteristic is sex—

a less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding;

b in a case where B is a man, no account is to be taken of special treatment afforded to a woman in connection with pregnancy , childbirth or maternity . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 This section is subject to sections 17(6) and 18(7).