Part 2Equality: key concepts
Chapter 2Prohibited conduct
Discrimination
14Combined discrimination: dual characteristics
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.