Section 19A — Equality Act 2010: Indirect discrimination: same disadvantage

Indirect discrimination: same disadvantage 19A 1 A person (A) discriminates against another (B) if—

a A applies to B a provision, criterion or practice, b A also applies, or would apply, the provision, criterion or practice to—

i persons who share a relevant protected characteristic, and ii persons who do not share that relevant protected characteristic, c B does not share that relevant protected characteristic, d the provision, criterion or practice puts, or would put, persons with the relevant protected characteristic at a particular disadvantage when compared with persons who do not share the relevant protected characteristic, e the provision, criterion or practice puts, or would put, B at substantively the same disadvantage as persons who do share the relevant protected characteristic, and f A cannot show that the provision, criterion or practice is a proportionate means of achieving a legitimate aim.

2 The relevant protected characteristics for the purposes of this section are— age; disability; gender reassignment; marriage and civil partnership; race; religion or belief; sex; sexual orientation.