(1)A person discriminates against another in any circumstances relevant for the purposes of any provision of this Act if—
(a)on racial grounds he treats that other less favourably than he treats or would treat other persons; or
(b)he applies to that other a requirement or condition which he applies or would apply equally to persons not of the same racial group as that other but—
(i)which is such that the proportion of persons of the same racial group as that other who can comply with it is considerably smaller than the proportion of persons not of that racial group who can comply with it; and
(ii)which he cannot show to be justifiable irrespective of the colour, race, nationality or ethnic or national origins of the person to whom it is applied; and
(iii)which is to the detriment of that other because he cannot comply with it.
(2)It is hereby declared that, for the purposes of this Act, segregating a person from other persons on racial grounds is treating him less favourably than they are treated.
Modifications etc. (not altering text)
C1S. 1(1)(b) modified by Employment Act 1989 (c. 38, SIF 43:1), s. 12(1)