Part IIF2THE EMPLOYMENT FIELD
F1Other unlawful acts
Ss. 16A-16C and cross-heading inserted (E.W.S.) (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673), regs. 1(2)(3), 15(1)
16BDiscriminatory advertisements
1
It is unlawful for a person, in relation to a relevant appointment or benefit which he intends to make or confer, to publish or cause to be published an advertisement which—
a
invites applications for that appointment or benefit; and
b
indicates, or might reasonably be understood to indicate, that an application will or may be determined to any extent by reference to—
i
the applicant not having any disability, or any particular disability, or
ii
any reluctance of the person determining the application to comply with a duty to make reasonable adjustments or (in relation to employment services) with the duty imposed by section 21(1) as modified by section 21A(6).
2
Subsection (1) does not apply where it would not in fact be unlawful under this Part or, to the extent that it relates to the provision of employment services, Part 3 for an application to be determined in the manner indicated (or understood to be indicated) in the advertisement.
3
In subsection (1), “relevant appointment or benefit” means—
a
any employment, promotion or transfer of employment;
b
membership of, or a benefit under, an occupational pension scheme;
c
an appointment to any office or post to which section 4D applies;
d
any partnership in a firm (within the meaning of section 6A);
e
any tenancy or pupillage (within the meaning of section 7A or 7C);
f
any membership of a trade organisation (within the meaning of section 13);
g
any professional or trade qualification (within the meaning of section 14A);
h
any work placement (within the meaning of section 14C);
i
any employment services (within the meaning of Part 3).
4
In this section, “advertisement” includes every form of advertisement or notice, whether to the public or not.
Pt. 2: heading "THE EMPLOYMENT FIELD" substituted (E.W.S.) for "EMPLOYMENT" (3.7.2003 for certain purposes and 1.10.2004 otherwise) by The Disability Discrimination Act 1995 (Amendment) Regulations (S.I. 2003/1673), regs. 1(2)(3), {4(1)} and same heading substituted (N.I.) (21.2.2004 for certain purposes and 1.10.2004 otherwise) by S.R. 2004/55, regs. 1(2)(3), 4(1)