(1)A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.
(2)If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim.
(3)If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B.
(4)If the protected characteristic is marriage and civil partnership, this section applies to a contravention of Part 5 (work) only if the treatment is because it is B who is married or a civil partner.
(5)If the protected characteristic is race, less favourable treatment includes segregating B from others.
(6)If the protected characteristic is sex—
(a)less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding;
(b)in a case where B is a man, no account is to be taken of special treatment afforded to a woman in connection with pregnancy [F23, childbirth or maternityF23] .
F24(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)This section is subject to sections 17(6) and 18(7).
58.This section defines direct discrimination for the purposes of the Act.
59.Direct discrimination occurs where the reason for a person being treated less favourably than another is a protected characteristic listed in section 4. This definition is broad enough to cover cases where the less favourable treatment is because of the victim’s association with someone who has that characteristic (for example, is disabled), or because the victim is wrongly thought to have it (for example, a particular religious belief).
60.However, a different approach applies where the reason for the treatment is marriage or civil partnership, in which case only less favourable treatment because of the victim’s status amounts to discrimination. It must be the victim, rather than anybody else, who is married or a civil partner.
61.This section uses the words “because of” where the previous legislation contains various definitions using the words “on grounds of”. This change in wording does not change the legal meaning of the definition, but rather is designed to make it more accessible to the ordinary user of the Act.
62.The section also provides that:
for age, different treatment that is justified as a proportionate means of meeting a legitimate aim is not direct discrimination;
in relation to disability it is not discrimination to treat a disabled person more favourably than a person who is not disabled;
racial segregation is always discriminatory;
in non-work cases, treating a woman less favourably because she is breast-feeding a baby who is more than six months old amounts to direct sex discrimination; and
men cannot claim privileges for women connected with pregnancy or childbirth.
63.The section replaces the definitions of direct discrimination in previous legislation and is designed to provide a more uniform approach by removing the former specific requirement for the victim of the discrimination to have one of the protected characteristics of age, disability, gender reassignment and sex. Accordingly, it brings the position in relation to these protected characteristics into line with that for race, sexual orientation and religion or belief in the previous legislation.