Raises the threshold in the definition of harassment in order to mirror the wording of EU Directive 2000/78/EC, Article 2.3.

Amendment 231, in clause 24, page 17, line 29, at end insert—

‘(2A) Subject to subsection (2D) where the protected characteristic is sexual orientation, for the purposes of Part 3 (Services and Public Functions), the purpose or effect is—

(a) violating B’s dignity; and

(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

(2B) Where the protected characteristic is sexual orientation or gender re-assignment, for the purposes of Part 6 (Education), the purpose or effect is—

(a) violating B’s dignity; and

(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

(2C) Subject to subsection (2D) where the relevant characteristic is religion or belief, for the purposes of Part 3 and Part 6, the purpose or effect is—

(a) violating B’s dignity; and

(b) creating an intimidating, hostile, degrading or humiliating environment for B.

(2D) Subsection (2A) and (2C) apply to Part 3 (Services and Public Functions) only where the provision of a service is—

(a) carried out by a public authority,

(b) carried out on behalf of a public authority,

(c) carried out under contract to a public authority, or

(d) otherwise carried out in the exercise of a public function.’.

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