Making Sense of Employment Law - Workplace Discrimination
Race discrimination in the workplace: Who is protected?
Race discrimination law, as it applies in the workplace, was amended in 2003 by the Race Relations Act 1976 (Amendment) Regulations 2003. The law prohibits race discrimination at work, harassment and victimisation on the grounds of race.
Racial discrimination law covers the time during which an individual is employed, as well as the pre-employment stage. This has led to race discrimination cases where job applicants feel they have been discriminated against during the recruitment process.
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.
If you would like to discuss employment race discrimination law or for any other information relating to employment or race discrimination in the workplace email Fiona Martin or call your local martin searle solicitors’ office on 01273 609911 (Brighton) or 0208 256 4490 (Croydon).
Direct race discrimination at work
This is where a person is treated less favourably on the grounds of their race, colour, nationality, or ethnic or national origin. The test of whether there is less favourable treatment is comparative. The comparator may be a specific individual or hypothetical.
Indirect race discrimination at work
Due to omissions in the drafting of the Race Directive, there are two separate legal definitions of indirect race discrimination.
The first definition applies to race discrimination cases relating to colour or nationality. This, the older definition, is where one person applies to another a requirement or condition - which cannot be justified on non-racial grounds - where the proportion of people of one group able to comply is considerably smaller than that of other groups.
The newer definition covers race and ethnic or national origin. This definition is where a provision, criterion or practice is applied to everyone, but people of a certain race, national or ethnic origin are at a particular disadvantage.
For race discrimination claims concerning race, ethnic or national origin to succeed, claimants need to show they have suffered disadvantage as a result of the provision or its application and that the provision is not a proportionate means of achieving a legitimate end. The legal test in relation to discrimination on the grounds of colour and nationality is very similar, but arguably more difficult to prove.
Victimisation
Employees and workers 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 protected under this form of discrimination.
Harassment
Harassment occurs when someone is subjected to unwanted conduct which has the purpose or effect of violating that 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 racial discrimination in the workplace please email Fiona Martin or phone 01273 609911.
