Clause 14
Equality Bill
6:15 pm
Evan Harris (Oxford West and Abingdon, Liberal Democrat)
I beg to move amendment 191, in clause 14, page 10, leave out lines 3 to 6 and insert—
‘(a) A treats B in a particular way for a reason arising from B’s disability,
(b) the treatment amounts to a detriment, and
(c) A cannot show that the treatment is a proportionate means of achieving a legitimate aim.
(1A) For the purposes of this section, A treats B in a particular way for a reason arising from B’s disability if—
(a) A treats B in that way for a reason arising from B’s disability (but not by reason of B’s disability itself); or
(b) A treats B in that way for a reason arising from a manifestation of or behaviour connected with B’s disability (but not by reason of B’s disability itself).
(1B) For the purposes of subsection (1), A treats B in a particular way for a reason arising from B’s disability even if A treats or would treat another person without a disability in the same way as B where that other person’s circumstances are otherwise the same as those of A.
(1C) For the purposes of this section, the circumstances in which A shall be taken to be reasonably expected to know about B’s disability include where A has failed to ask B if he has a disability.’.