Racial Discrimination

Race Relations Act 1976- What does the Act cover?

The Race Relations Act 1976 gives anyone who thinks they may have been discriminated against on racial grounds i.e. because of their race, colour, nationality, ethnic or national origin, the right to seek justice in the courts or industrial tribunals. It covers the following areas: employment, training, education, housing, the provision of goods, facilities and services.

The Act deals with discriminatory acts against persons or individuals and the effect of such action. However, their motive for such discriminatory actions is irrelevant. If somebody's attitude is racist and this can be proven, their actions as well as their motivation could be used against them in court or at tribunal hearing.

What is not covered?

Incidents in public places such as racial abuse in the street or at a football match are not covered by the Act. These are dealt with under The Public Order Act, The Football Offences Act and the new Crime and Disorder Act 1998. These are matters that should be dealt with by the Police.

Discrimination on the grounds of religion alone are not covered by the Act.

What is racial Discrimination?

There are three main types or racial discrimination: 1. Direct Discrimination; 2. Indirect Discrimination and; 3. Victimisation.

DIRECT DISCRIMINATION...

Is when someone is treated less-favourably on 'racial grounds' than other people in the same or a similar situation. For example, if you apply for a job and you are not even considered, or you are turned down to rent a house, because of your race, this is direct discrimination.

Two young African Caribbean women applied, in person, for a job advertised in a local retail shop. They were told that the job had gone. Some hours later, a white friend enquired about the job and was given an application form. Their local Racial Equality Council assisted the two young women and it was proven that they had been victims of racial discrimination. They were each awarded £750 compensation by a Tribunal.

INDIRECT DISCRIMINATION...

Indirect discrimination may seem less obvious. It is when a rule or condition is applied to the public, but people from a certain racial group are not able to meet that rule and there is no justifiable reason for the rule. It may affect various racial groups differently. A rule that shop assistants have to wear skirts may affect Asian women, but not African Caribbean women. If a job advert states that it will not accept applications from certain areas of the city, and a large percentage of ethnic minority people live in that area, that could be indirect discrimination if there is no good reason for having that rule.

A young Pakistani woman applied for a summer job at a care home in Bradford, having previously worked there for two weeks over the Christmas period. She was told at her interview that she would have to wear a uniform, which she agreed to, but would not be able to wear the hijaab (scarf). She applied for help to her local Racial Equality Council on the grounds of indirect discrimination. The matter went to the Industrial Tribunal who ruled that there had been indirect discrimination and she was awarded £1355.

VICTIMISATION

The number of complaints of racial discrimination that are received by Preston & Western Lancashire Racial Equality Council is not a true measure of the amount of discrimination that goes on. Many people are afraid to complain. The Race Relations Act recognises that making a complaint under the Act, or supporting someone who is making a complaint, can lead to victimisation. So it is unlawful to victimise someone for having brought a complaint of racial discrimination under the Act, or for having spoken out to someone else.

An Asian woman Ms. R, saw a vacancy for a part time care assistant at a Sheffield care home advertised in her local Job Centre. When the Job Centre rang to make her an appointment for an interview, the manager refused to see Ms. R, as she had previously worked with Ms. R when she took a successful claim of racial discrimination against a different nursing home. Ms. R applied for help to her local Racial Equality Council on grounds of victimisation. Before the case came to Tribunal the care home agreed to pay Ms. R £1500 in settlement of her claim.

RELIGIOUS DISCRIMINATION

Discrimination – treating someone differently on the basis that they are different from you.

Nobody wants to be discriminated against! But over time more and more people are being discriminated against because they are different. In the 1970’s law was introduced to stop discrimination on the grounds of Sex and Race and this was followed by disability.

From the 2nd December 2003 and the introduction of the Employment Equality (Religion or belief) Regulations it is now unlawful for someone to discriminate against you at work because of your religion or beliefs.

What do the regulations cover?

The regulations only cover where people treat you differently on the basis of your religion or belief whilst you are at work or in vocational training. They do not cover situations where people discriminate against you in other situations such as access to services or education. The regulations make it unlawful for someone at work or college (provided you are undertaking vocational training) on the grounds of your religion of belief to:

Treat someone less favourably than others because of your religion or belief (direct discrimination)
To apply a criteria, provision or practice which disadvantages people of a particular religion or belief unless it can be objectively justified (indirect discrimination)
Subject someone to harassment (unwanted conduct which violates a persons dignity or creates a hostile, intimidating, or offensive environment)
Victimise someone because they have made or intend to make a complaint of discrimination on the grounds of religion or belief.

There are a few exceptions but these are only if there is a genuine occupational reason that the worker be of a particular religion or belief in order to do the job or comply with the religious belief or ethos of the organisation.

If you feel that you have suffered discrimination on the grounds of your religion or belief you can bring your complaint to an employment tribunal.