Combined discrimination: dual characteristics

‘(1) A person (A) also 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) A does not discriminate against B by virtue of subsection (1) if, in consequence of another provision of this Act, A’s treatment of B is not a relevant contravention.

(4) A relevant contravention is a contravention of this Act by virtue of section 13 because of one of the characteristics in the combination.

(5) For the purpose of establishing a contravention of this Act by virtue of subsection (1), it does not matter whether, in relation to either of the characteristics in the combination, there is sufficient evidence to justify a finding that there has been a relevant contravention.

(6) Proceedings relating to a contravention of this Act by virtue of subsection (1) may not be brought if subsection (7) applies.

(7) This subsection applies if—

(a) a provision of an enactment (including this Act) requires, in circumstances to which the provision applies, proceedings relating to a relevant contravention to be brought in a specified court, and

(b) in those circumstances, the court does not have jurisdiction to determine a claim relating to a relevant contravention involving the other characteristic in the combination.

(8) A Minister of the Crown may by order specify other circumstances in which proceedings relating to a contravention of this Act by virtue of subsection (1) may not be brought; and an order under this subsection may amend this section.

(9) The reference to a court includes a reference to a tribunal and the reference to a claim includes a reference to a complaint.’.—(The Solicitor-General.)

This new clause would provide for the discrimination prohibited by the Bill to include discrimination that is because of a combination of two protected characteristics. It would also confer power to specify circumstances in which claims for such discrimination may not be brought.

Brought up, read the First and Second time, and added to the Bill.