Section 14 — Equality Act 2010: Combined discrimination: dual characteristics

Combined discrimination: dual characteristics 14 1 A person (A) discriminates against another (B) if, because of a combination of two relevant protected characteristics, A treats B less favourably than A treats or would treat a person who does not share either of those characteristics.

2 The relevant protected characteristics are—

a age;

b disability;

c gender reassignment;

d race e religion or belief;

f sex;

g sexual orientation.

3 For the purposes of establishing a contravention of this Act by virtue of subsection (1), B need not show that A's treatment of B is direct discrimination because of each of the characteristics in the combination (taken separately).

4 But B cannot establish a contravention of this Act by virtue of subsection (1) if, in reliance on another provision of this Act or any other enactment, A shows that A's treatment of B is not direct discrimination because of either or both of the characteristics in the combination.

5 Subsection (1) does not apply to a combination of characteristics that includes disability in circumstances where, if a claim of direct discrimination because of disability were to be brought, it would come within section 116 (special educational needs).

6 A Minister of the Crown may by order amend this section so as to—

a make further provision about circumstances in which B can, or in which B cannot, establish a contravention of this Act by virtue of subsection (1);

b specify other circumstances in which subsection (1) does not apply.

7 The references to direct discrimination are to a contravention of this Act by virtue of section 13.