This is a preview. To continue reading please log in or Register to read this article

Intention not required for unlawful discrimination

This report relates to 1 case(s)

  • expand disabled

    R v Birmingham City Council ex parte Equal Opportunities Commission [1988] IRLR 430 CA (0 other reports)

In R v Birmingham City Council ex parte The Equal Opportunities Commission (13.5.88) EOR22A, 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 Court of Appeal confirms that a subjective intention to discriminate is not necessary in order to show direct discrimination. In a sex discrimination case, all that needs to be established is that a woman has been treated less favourably than a man because she is a woman. There is no additional requirement that the discriminator should have intended a woman to be treated less favourably because she is a woman.