3 Indirect discrimination: same disadvantage
1 The Equality Act 2010 is amended in accordance with paragraphs (2) to (7).
2 After section 19 (indirect discrimination) insert—

“19A Indirect discrimination: same disadvantage
(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.”

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3 In section 23(1) (comparison by reference to circumstances), for “or 19” substitute “19 or 19A”.
4 In section 25 (references to particular strands of discrimination), in each of the following places after “section 19” insert “or 19A” —
(a) subsection (1)(b);
(b) subsection (2)(c);
(c) subsection (3)(c);
(d) subsection (4)(b);
(e) subsection (6)(b);
(f) subsection (7)(b);
(g) subsection (8)(b);
(h) subsection (9)(b).
5 In section 119(5)(a) (remedies), after “section 19” insert “or 19A”.
6 In section 124(4)(a) (remedies: general), after “section 19” insert “or 19A”.
7 In Schedule 28 (definitions), in the second column of the row beginning “Discrimination”, for “19” substitute “19A”.
8 In section 24A(1)(e) of the Equality Act 2006 (enforcement powers: supplemental), after “section 19” insert “or 19A”.
2006 c. 3. Section 24A was inserted by paragraph 68 of Schedule 26 to the Equality Act 2010.