Making Sense of Employment Law – Workplace Discrimination
Race discrimination in the workplace: Who is protected?
Race discrimination law, as it applies in the workplace, is contained in the Equality act. This replaced the Race Relations Act which was originally passed in 1976 but had been much amended over the years. The law prohibits race discrimination at work, harassment and victimisation on the grounds of race. Race is defined as including colour, nationality and ethnic or national origins. The Equality Act also covers other areas including the provision of goods, facilities and services, premises and education, public functions and the membership of clubs and associations.
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.
Section 149 of the Equality Act 2010 created a new single public sector equality duty in respect of race and all the other protected characteristics it covers replacing previous obligations. Authorities are required to have regard to three matters when exercising this duty:
- Eliminating conduct that is prohibited by the Act, including breaches of non-discrimination rules in occupational pension schemes and equality clauses or rules.
- Advancing equality of opportunity between those who share a protected characteristic and those who do not share it.
- Fostering good relations between those who share a protected characteristic and those who do not share it.
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 0845 189 0152 (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. This need not necessarily be the person’s own race, for instance direct discrimination would take place if someone was treated less favourably because of their partner’s race. 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
This occurs where a provision, criterion or practice is applied to everyone, but people of a certain racial group are put at a particular disadvantage compared to other people. For the claim to succeed, individuals need to show they have suffered that disadvantage as a result of the provision or its application. A claim can still be defended if the discriminator can show that the provision is a proportionate means of achieving a legitimate aim.
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. Again the harassment need not be because of the person’s own race for it to be unlawful.
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.
