Section 19 — Equality Act 2010: Indirect discrimination

Indirect discrimination 19 1 A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's.

2 For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if—

a A applies, or would apply, it to persons with whom B does not share the characteristic, b it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it, 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.

3 The relevant protected characteristics are— age; disability; gender reassignment; marriage and civil partnership; race; religion or belief; sex; sexual orientation.