Section 6: Indirect discrimination

6. Indirect discrimination (1) A person (“the discriminator”) discriminates indirectly against another person (“the aggrieved person”) on the ground of the status of the aggrieved person where— (a) the discriminator imposes, or proposes to impose, a condition, requirement or practice on the aggrieved person; (b) the condition, requirement or practice is not justifiable in the circumstances; and (c) the condition, requirement or practice has, or is likely to have, the effect of disadvantaging the aggrieved person when compared to other persons of the same status. (2) For the purposes of subsection (1) (b), the burden of proving that a condition, requirement or practice is justifiable in the circumstances lies on the discriminator. (3) The matters to be taken into account in determining whether or not a condition, requirement or practice is justifiable in the circumstances include— (a) the nature and extent of the disadvantage resulting, or likely to result, from the imposition or proposed imposition of the condition, requirement or practice; (b) the likelihood of overcoming or mitigating the disadvantage; and E13A – 7 [Issue 2] Equal Opportunities Act (c) whether the disadvantage is proportionate to the result sought to be achieved by the discriminator. (4) In determining whether the discriminator indirectly discriminates, it is irrelevant— (a) whether or not he is aware of the discrimination; (b) whether or not the status of the aggrieved person is the only or dominant reason for the discrimination, as long as it is a substantial reason.