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Chapter 5: Indirect Discrimination

Discrimination Law

Author/Edited by:
Andrew Burns and Pauline Hughes
Bloomsbury Professional
Part 4: Materials Division 4D: Codes of Practice Equality Act 2010: Code of Practice: Services, Public Functions and Associations Introduction What does the Act say? What constitutes a provision, criterion or practice? Is the provision, criterion or practice a neutral one? What does ‘would put’ mean? What is a disadvantage? The comparative approach The ‘pool for comparison’ Making the comparison Carrying out a formal comparative exercise Is the service user concerned put at that disadvantage? The intention behind the provision criterion or practice is irrelevant When can a provision, criterion or practice be objectively justified? What is a legitimate aim? What is proportionate? Public authorities and justification of indirect discrimination Indirect discrimination and the duty to make reasonable adjustments for disabled persons ...

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