Direct Discrimination
- Direct Discrimination (s13)
“A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.”
- Therefore the requirement for a real or hypothetical comparator, who does not share the protected characteristic, is retained
- No comparator necessary in maternity and pregnancy discrimination
Association and Perception:
- S13 does not refer to the PC of any particular person (except marital or civil partnership status)
- Previously with age, sex, disability, gender reassignment the complainant needed to have one of those characteristics
- The DDA was interpreted by EAT in Coleman v Attridge Law 2008 as moving away from this
- The EA has accepted that modification and extended it to all strands of discrimination
- Thus if someone treats (A) unfavourably because (A) looks after elderly patients, that can be discrimination because of Age (even though (A)’s age is not the reason for the treatment) “Associative discrimination”
- If someone treats (A) unfavourably because they think (A) is homosexual, that can be discrimination because of sexual orientation (even though (A) is not in fact homosexual) “Perception discrimination”
Combined Discrimination (from April 2011, if brought into force)
In Bahl v Law Society 2004 CA noted that the absence of protection for combining protected characteristics was a problem
S14:
- Dual (i.e. only two)
- Only in relation to direct discrimination
- Do not have to succeed on both PC’s
- Potential defence if can show not disc. because of either/or
- Would bring a claim under both individual PC’s and then also s14 (Direct Discrimination)
- Doesn’t apply to marriage and civil partnership, and pregnancy and maternity
