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Discrimination unlawful without discriminatory intent

This report relates to 1 case(s)

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    R v Birmingham City Council ex parte Equal Opportunities Commission [1989] IRLR 173 HL (0 other reports)

In R v Birmingham City Council ex parte Equal Opportunities Commission (23.2.89) EOR25A, in the course of upholding a finding that selective provision by the council of more grammar school places for boys than girls was unlawfully discriminatory, the House of Lords confirms that an intention or motive to discriminate is not necessary in order to show direct discrimination. In a sex discrimination case, all that needs to be established is that there has been less favourable treatment on the ground of sex - ie the woman would have received the same treatment as a man but for her sex.