EMPLOYMENT LAW - RACE RELATIONS
Employment Law Racial Discrimination Questions
We list here the most commonly asked questions in relation to racial discrimination. If you have any other questions please contact us using the information at the bottom of this page.
Who is protected under the Race Relations Act 1976?
The Race Relations Act protects individuals against discrimination on the grounds of colour, race, nationality, or ethnic or national origins.
What is Racial Discrimination?
There are two kinds of racial discrimination: direct and indirect.
Direct discrimination is where a person is treated less favourably than another on the grounds of his or her race. whether direct discrimination has occurred the following must be considered:
- whether the treatment was any less favourable compared to the treatment which was (or would be) accorded to another person, and if so,
- whether the unfavourable treatment was due to the colour, race, nationality or ethnic or national origins of the person who was less favourably treated, or of someone else connected with that person (for example, their spouse).
Indirect discrimination is treatment that has a discriminatory effect of one particular racial group, but the treatment applies to all employees of different racial groups. However, such a condition will not be indirectly discriminatory unless all the following are true:
- it applies, or would apply, equally to other employees whatever their racial group;
- the proportion of people in the disadvantaged person's racial group who can comply with it is considerably smaller than the proportion of those not in that group who can comply;
- it is detrimental to the complainant because he or she cannot comply with it;
- the employer cannot show it to be a justifiable condition or requirement irrespective of the colour, race, nationality or ethnic or national origins of the person to whom it is applied.
Segregation on racial grounds is also a form of discrimination.
It is also unlawful to treat someone less favourably than others because they have asserted their rights under the Race Relations Act 1976 or have assisted someone else to do so. Such discrimination is called 'victimisation'.
Are there any exceptions from the Act?
Yes. Where being a member of a particular racial group is a genuine occupational qualification for a job and in circumstances of positive action designed to ensure equality in the labour market.
What are the time limits for bring a complaint under the Sex Discrimination Act 1975 before the employment tribunal?
Anyone who considers that they have been discriminated against can make a claim to an employment tribunal within three (3) months of the date of the act complained of.
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