The Equality Act 2010 383Section 13(3) states that if the protected characteristic is disability, it is not discrimina-
tion to treat a disabled person more favourably than a non-disabled person.
Section 13(4) states that if the protected characteristic is marriage and civil partnership,
it is only a person who is married or in a civil partnership who can be the victim of
dicrimination.
Section 13(5) states that if the protected characteristic is race, less favourable treatment
includes segregating B from others.
Section 13(6) states that if the protected characteristic is sex:
(a) less favourable treatment of a woman includes less favourable treatment of her because
she is breast-feeding (but this does not apply for the purposes of employment);
(b) a man cannot claim discrimination on account of not being given the special treatment
afforded to a woman in connection with pregnancy or childbirth.
Section 14 provides that direct discrimination can be committed by discriminating
against a person on account if his or her having two of the relevant protected character-
istics, for example being an Asian woman. For example, an employer might prohibit Asian
women from going on a certain training scheme, even though he allows non-Asian women
and Asian men to go on the scheme. This would amount to dual discrimination.
Direct discrimination against disabled persons
Section 15 provides that it is discrimination to treat a disabled person unfavourably not
just because he is disabled but because of something which arises in connection with his
disability. For example, it would be discriminatory to dismiss a visually impaired person
because he could not read as quickly as a normally sighted person or because he needed to
attend a large number of hospital appointments. However, it will not be discrimination if
the employer can show that his treatment of the disabled person was a proportionate means
of achieving a legitimate aim. Nor will it be discriminatory if A shows that A did not know,
and could not reasonably have been expected to know, that B had the disability.
Direct discrimination in pregnancy and maternity cases
Section 18 makes it discriminatory for an employer to treat a woman less favourably
because of her pregnancy or because of an illness connected with her pregnancy. It is
also discrimination to treat a woman less favourably because she is on maternity leave or is
exercising her right to maternity leave or additional maternity leave.
Indirect discrimination
Section 19(1) provides that a person (A) discriminates against another (B) if A applies to B
a provision, criterion or practice which is discriminatory in relation to a relevant protected
characteristic of B’s (except pregnancy and maternity).
A provision, criterion or practice is discriminatory in relation to a relevant protected
characteristic of B’s if:
(a) A applies, or would apply, it to persons with whom B does not share the characteristic;
(b) it puts, or would put, persons with whom B shares the characteristic at a particular
disadvantage when compared with persons with whom B does not share it;
(c) it puts, or would put, B at that disadvantage; and
(d) A cannot show it to be a proportionate means of achieving a legitimate aim.
An example might help to show the meaning of this. Let us assume that an employer, A,
imposes a pattern of shift working on all employees, and that this pattern would prevent