Section 20 | Discrimination by employment agencies.

(1)It shall be unlawful for an employment agency to discriminate against a person, in relation to employment in Northern Ireland,—

(a)in the terms on which the agency offers to provide any of its services, or

(b)by refusing or deliberately omitting to provide any of its services, or

(c)in the way it provides any of its services.

(2)References in subsection (1) to the services of an employment agency include guidance on careers and any other services related to employment.

(3)This section does not apply if the discrimination only concerns employment which the employer could lawfully refuse to offer the person concerned.

(4)An employment agency shall not be subject to any liability under this section if it proves—

(a)that it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of subsection (3), its action would not be unlawful, and

(b)that it was reasonable for it to rely on the statement.

(5)A person who knowingly or recklessly makes a statement such as is referred to in subsection (4)(a) which in a material respect is false or misleading shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.^F1