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Equality Act 2010

Equality Act 2010 s 14

s 14 Combined 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.

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