S.L. 452.95 Art. 3Concept of discriminatory treatment.

(1) It shall be unlawful for a person to subject another person to discriminatory treatment, whether directly or indirectly, on the grounds of a particular religion or religious belief, disability, age, sex, including discriminatory treatment related to gender reassignment and to pregnancy or maternity leave as referred to in the Protection of Maternity (Employment) Regulations, sexual orientation, or racial or ethnic origin in any situation referred to in regulation 1(4).

(2) For the purpose of these regulations:

(a) direct discriminatory treatment shall be taken to occur where one person is treated less favourably than another is, has been, or would be, treated in a comparable situation on any of the grounds referred to in subregulation (1);

(b) indirect discriminatory treatment shall be taken to occur where an apparently neutral provision, criterion or practice would put persons of a particular race or ethnic origin or having a particular religion or religious belief, disability, age, sex, or sexual orientation at a disadvantage when compared with other persons unless -

(i) that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary; or

(ii) with regards to persons with a particular disability, the employer or any person or organization to whom these regulations apply, is obliged, under any law, to take appropriate measures in line with the principles contained in regulation 4A so as to eliminate disadvantages entailed by such provision, criterion or practice.

(3) No person shall harass another person by subjecting him to unwanted conduct or requests relating to any of the grounds referred to in subregulation (1), when such conduct or request takes place with the purpose, or which has the effect of -

(a) violating the dignity of the person who is so subjected, and

(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for the person who is so subjected.

(4) For the purposes of these regulations, employers or any persons or organisation to whom these regulations apply shall also be deemed to have discriminated against a person if they -

(a) instruct any person to discriminate against another person;

(b) neglect their obligation to suppress any form of harassment at their workplace or within their organisation, as the case may be.

(5) No person shall sexually harass another person by subjecting him to any form of unwanted verbal, non-verbal or physical conduct or request of a sexual nature, when such conduct or request takes place with the purpose, or which has the effect of violating the dignity of the person who is so subjected, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment for the person who is so subjected.