What is a requirement or condition for the purposes of section 6 of the DDA?
In Catholic Education Office v Clarke, Justices Sackville and Stone emphasised that it is a question of fact in each case whether a requirement or condition has been imposed, and that there need not be a formal or explicit rule or restriction: “Several additional propositions relevant to the present case can be derived from Waters v Public Transport Commission. First, the identification of the services provided by the alleged discriminator, for the purposes of s 24(1)(b) of the DD Act, is a question of fact” “Secondly, the expression ‘requirement or condition’ in s 6 of the DD Act should be construed broadly to include any form of qualification or pre-requisite, although the actual requirement or condition should be formulated with some precision In this respect, the legislation should be given a generous interpretation and an alleged discriminator should not be permitted to evade the statutory prohibition or indirect discrimination by defining its services so as to incorporate the all
In Catholic Education Office v Clarke, Justices Sackville and Stone emphasised that it is a question of fact in each case whether a requirement or condition has been imposed, and that there need not be a formal or explicit rule or restriction: “Several additional propositions relevant to the present case can be derived from Waters v Public Transport Commission. First, the identification of the services provided by the alleged discriminator, for the purposes of s 24(1)(b) of the DD Act, is a question of fact” “Secondly, the expression ‘requirement or condition’ in s 6 of the DD Act should be construed broadly to include any form of qualification or pre-requisite, although the actual requirement or condition should be formulated with some precision In this respect, the legislation should be given a generous interpretation and an alleged discriminator should not be permitted to evade the statutory prohibition or indirect discrimination by defining its services so as to incorporate the all
