Race discrimination employment claims

Race Discrimination under the Equality Act

Direct race  discrimination:

1.    'A' (the employer)  treats a person' B' less favourably
2.    The treatment is  because of race; and someone of a different race is or would be treated more favourably and
3.    Where  the treatment has led to a disadvantage, e.g. dismissal or a failure to appoint or promote.  

Note:
•    Race includes colour, nationality, ethnic or national origins.  
•    The less favourable treatment involves comparing B's situation with how a person of a different race has been or would be treated in similar circumstances.
•    The treatment does not have to be because of B's race; it may be the race of another person with whom B  associates, e.g. her partner, or because B refuses to discriminate, on grounds of race, against another worker (associative discrimination)
•    Direct discrimination cannot be justified and will be unlawful unless an employer can rely on one of the very limited defences set out in the Act.    

Examples of direct race discrimination include:

•    Stereotyping workers of a particular race,  i.e. making assumptions about how people of a particular racial group behave,
•    Redundancy criteria or selection based on race,
•    Failure to appoint a candidate because he is of a particular race and 'would not fit in',
•    Treating a worker less favourably because s/he has refused to discriminate against another on grounds of race;
•    Paying higher bonuses or pay to white workers than for similar work and performance of a different race.

Indirect race discrimination: This occurs where B is disadvantaged because of an provision, criterion or practice, which applies to everyone, but particularly disadvantages  people in B's racial group and is not a proportionate means of achieving a legitimate aim.

 Examples of indirect race discrimination include:

•    a job criteria which requires a UK qualification or experience may disadvantage applicants who have not lived in the UK all their lives; the question is whether it is justified;
•    redundancy criteria which particularly disadvantage one racial group, e.g. length of time in a job  if the worker has not been in the UK for long,
•    A prohibition on workers wearing their hair in locks, which would disproportionately disadvantage black people.

Victimisation: It is unlawful to treat a worker unfavourably because s/he has complained of race discrimination, brought a claim or been a witness for a complainant.

Harassment: It is unlawful to subject a worker to unwanted conduct related to race which (when viewed reasonably) causes  that worker offence.  See Harassment.

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