Making sense of employment law - workplace discrimination
discrimination on the grounds of race
who is protected?
The Race Relations Act 1976, as amended by the Race Relations Act 1976 (Amendment) Regulations 2003, prohibits discrimination, harassment and victimisation on grounds of race. The Act covers both pre-employment and the time during which an individual is employed. An employment discrimination claim can therefore be brought on the basis that someone feels they have been discriminated against because they have not been short listed for a job.
In addition, the Race Relations (Amendment) Act 2000 made it unlawful for a public authority to carry out any function of the authority or any other act that constitutes discrimination. This duty applies to more than 300 specified bodies including the police, housing corporations, NHS, schools, colleges and universities. It requires them to eliminate unlawful discrimination and promote equality of opportunity and good relations to persons of different racial groups.
types of race discrimination in the workplace
direct discrimination at work
This is where a person is treated less favourably on the grounds of their race, colour, nationality, or their ethnic or national origins. The test of whether there is less favourable treatment is comparative. There may be a specific individual who can be a comparator, but where there is no comparator the complainant can use a hypothetical one.
indirect discrimination at work
There are two definitions of this, but in short it is where a person applies to the other a requirement or condition which is such that the proportion of persons of one racial group able to comply is considerably smaller than the proportion of persons of other racial groups. In addition, it applies where that requirement or condition cannot be justified on non-racial grounds or where a person applies a provision, criteria or practice which will apply to everyone, but people of a certain race, national or ethnic origin are at a particular disadvantage.
For such an employment discrimination claim to be valid this person will have to show they have suffered disadvantage as a result and that the provision cannot be shown to be a proportionate means of achieving a legitimate end.
victimisation
Employees who are involved, or whom the discriminator suspects are involved in making complaints of race discrimination at work or who give evidence on behalf of a person making a complaint are also protected.
harassment
Harassment occurs when one person subjects another to unwanted conduct which has the purpose or effect of violating that other person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
want to talk to us?
If you would like to discuss employment discrimination law or for any other information relating to discrimination in the workplace please email Fiona Martin or phone 01273 609911.