Commentary on Sections Part 2: Equality: Key Concepts Chapter 2: Prohibited conduct Background
81.This section largely replaces similar provisions in previous legislation.  It applies the EU definition of indirect discrimination, replacing pre-existing domestic definitions in the Sex Discrimination Act 1975 and the Race Relations Act 1976, to ensure uniformity of protection across all the protected characteristics in all areas where it applies.  However, the extension of indirect discrimination to disability is new, coming after consultation following the judgment of the House of Lords in the case of London Borough of Lewisham v Malcolm [2008] UKHL 43, which concerned the interpretation of the provision on disability-related discrimination in the Disability Discrimination Act 1995.