THE RACE DISCRIMINATION ACT ?

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You may be surprised to learn that the 'Race Discrimination Act' doesn’t actually exist (unless you live in Australia) but the requisite legal protection is actually contained in the Race Relations Act 1976 and The Race Relations (Amendment) Act 2000. Both of these statutes cover any unfair treatment which targets an individual because of race, colour, nationality, citizenship or ethnic origin in matters relating to employment, housing, education and the provision of goods and services :-

Employment

Under English law all employees, regardless of race can expect to be treated in the same way. This prohibition on race discrimination covers every area of work such as training programs, promotion, selection, recruitment, salaries, pay and benefits. Similarly Trade Unions are also required to adhere to these standards and treat all of their members equally.

Housing

When a person is in the market to rent or buy a property it is also against the law to discriminate against them because of their race, colour, citizenship, nationality or ethnic origin. Evictions for the same reasons are also illegal.

Education

Discrimination by a Local Education Authority, school, college or university against an individual it is also against the law.

Goods and Services

Regardless of whether goods or services are paid for or are free it is illegal for an individual to be given goods or services the quality of which depends on their race.

Race discrimination incidents can be divided into two main categories :-

1. Direct

   Direct refers to any incident where an individual suffers discrimination because of their race, nationality, citizenship, colour or ethnic origin. This can also take the form of any unfavourable comments made with regard to a person’s race.

2. Indirect

   Indirect is classed as any requirement within the workplace which puts people of a particular race at a disadvantage because of their race, ethnic group or nationality and as a result makes it hard for them to meet this requirement. For instance, an advert stating that applicants must have short hair would certainly exclude some religious groups, such as Sikhs. It is against the law to make such demands on potential applicants unless the job conditions make it necessary to ask for such specifics.

   An employer can evade legal action if they can demonstrate a "genuine occupational qualification" for making such a demand that would usually be classed as race discrimination. This subject is relevant with regards to the recruitment process. For instance, a Christian church may request that only Christian applicants fill an official position. A Chinese restaurant may want genuine Chinese waiters for authenticity. A ladies or gents toilet may require staffing by only the same sex. This type of situation can be difficult to advise on without going into the specifics of a case, so anyone concerned about this type of treatment should contact a legal expert.

   
   

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