Race discrimination

Race discrimination is unlawful under the Race Relations Act (RRA).

Direct discrimination occurs where there is less favourable treatment on racial grounds than another person is or would be treated in the same or similar circumstances.  Racial grounds cover colour, race, nationality, ethnic or national origins.  Direct discrimination cannot be justified.  Direct discrimination covers less favourable treatment of a worker because of their association with a person of a particular race or where the worker refuses to carry out instructions to discriminate on grounds of race.

Indirect discrimination is where there is a provision, criterion or practice applied equally to the complainant and persons of a different racial group,

• which puts or would put persons of the same race or ethnic or national origins at a particular disadvantage (compared to those of a different group),
• which disadvantages the complainant,
• which is not a proportionate means of achieving a legitimate aim  
  

This is where a practice has the effect of, for example, disadvantaging people of a particular racial group, which cannot be justified by the employer.  For example, a prohibition on workers wearing their hair in locks would disproportionately disadvantage black people, compared with white people.

Harassment is where on grounds of race or ethnic or national origins, there is unwanted conduct that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment; the conduct will be regarded as harassment if, having regard to all the circumstances, including in particular the complainant's perception, it should reasonably be considered as having that effect. 

Victimisation is where a worker has been treated less favourably for alleging discrimination, bringing a claim, giving evidence or taking other action under the RRA.  It also covers the situation where the employer believes or suspects that the victim has done or intends to take such action.

The RRA protects job applicants, workers, employees, ex-employees and others in relation to: recruitment, employment terms, promotion, training, dismissal or any other disadvantage. There are some exceptions. If the discrimination is on grounds of colour or nationality a slightly different definition of indirect discrimination and harassment apply.

See Statutory Code of Practice on Racial Equality in Employment (2005) produced by the Equality and Human Rights Commission.