This legislation has been repealed.
Indirect discrimination9. Indirect discrimination (1) Indirect discrimination occurs if a person imposes, or proposes to impose, a requirement, condition or practice- (a) that someone with an attribute does not or cannot comply with; and (b) that a higher proportion of people without that attribute, or with a different attribute, do or can comply with; and (c) that is not reasonable. (2) Whether a requirement, condition or practice is reasonable depends on all the relevant circumstances of the case, including- (a) the consequences of failing to comply with the requirement, condition or practice; (b) the cost of alternative requirements, conditions or practices; (c) the financial circumstances of the person imposing, or proposing to impose, the requirement, condition or practice. (3) In determining whether a person indirectly discriminates it is irrelevant whether or not that person is aware of the discrimination.