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Equality Act 2010
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14Combined discrimination: dual characteristicsE+W+S
This section has no associated Explanatory Notes
(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.
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