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Disability Discrimination Act 1995

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Change 1

What to do with it
As published

55 Victimisation.

(1)F or the purposes of Part II or Part III (other than sections 24A to 24L), a person (“A”) discriminates against another person (“B”) if— (a) he treats B less favourably than he treats or would treat other persons whose circumstances are the same as B’s; and (b) he does so for a reason mentioned in subsection (2). (2) The reasons are that— (a) B has— (i) brought proceedings against A or any other person under this Act or Part III of the 2005 Order ; or (ii) given evidence or information in connection with such proceedings brought by any person; or (iii) otherwise done anything under , or by reference to, this Act or Part III of the 2005 Order in relation to A or any other person; or (iv) alleged that A or any other person has (whether or not the allegation so states) contravened this Act or Part III of the 2005 Order ; or (b) A believes or suspects that B has done or intends to do any of those things. (3) Where B is a disabled person, or a person who has had a disability, the disability in question shall be disregarded in comparing his circumstances with those of any other person for the purposes of subsection (1)(a). (3A) For the purposes of Chapter I of Part III of the 2005 Order— (a) references in subsection (2) to B include references to— (i) a person who is, for the purposes of that Chapter, B's parent; and (ii) a sibling of B; and (b) references in that subsection to this Act or Part III of the 2005 Order are, as respects a person mentioned in sub-paragraph (i) or (ii) of paragraph (a), to be read as references to that Chapter. (4) Subsection (1) does not apply to treatment of a person because of an allegation made by him if the allegation was false and not made in good faith. (5) In the case of an act which constitutes discrimination by virtue of this section, sections 4, 4B, 4D, 4G, 6A, 7A, 13, 14A, 14C , 15B and 16A also apply to discrimination against a person who is not disabled. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Your change, as a redline

55 Victimisation.

(1)F or the purposes of Part II or Part III (other than sections 24A to 24L), a person (“A”) discriminates against another person (“B”) if— (a) he treats B less favourably than he treats or would treat other persons whose circumstances are the same as B’s; and (b) he does so for a reason mentioned in subsection (2). (2) The reasons are that— (a) B has— (i) brought proceedings against A or any other person under this Act or Part III of the 2005 Order ; or (ii) given evidence or information in connection with such proceedings brought by any person; or (iii) otherwise done anything under , or by reference to, this Act or Part III of the 2005 Order in relation to A or any other person; or (iv) alleged that A or any other person has (whether or not the allegation so states) contravened this Act or Part III of the 2005 Order ; or (b) A believes or suspects that B has done or intends to do any of those things. (3) Where B is a disabled person, or a person who has had a disability, the disability in question shall be disregarded in comparing his circumstances with those of any other person for the purposes of subsection (1)(a). (3A) For the purposes of Chapter I of Part III of the 2005 Order— (a) references in subsection (2) to B include references to— (i) a person who is, for the purposes of that Chapter, B's parent; and (ii) a sibling of B; and (b) references in that subsection to this Act or Part III of the 2005 Order are, as respects a person mentioned in sub-paragraph (i) or (ii) of paragraph (a), to be read as references to that Chapter. (4) Subsection (1) does not apply to treatment of a person because of an allegation made by him if the allegation was false and not made in good faith. (5) In the case of an act which constitutes discrimination by virtue of this section, sections 4, 4B, 4D, 4G, 6A, 7A, 13, 14A, 14C , 15B and 16A also apply to discrimination against a person who is not disabled. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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