Employment Law - What Is Race Discrimination?

Race discrimination can also be classed as racism, the belief that racial differences produce an inherent superiority of a certain race. Some racial groups may be denied rights or benefits, or receive preferential treatment. Race discrimination usually points out the differences between ethnic and cultural groups. The term race discrimination means 'any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.'

The Race Relations Act 1976 covers the law relating to race discrimination in employment and training, education, housing, the provision of goods, facilities and services, and advertising. It was amended in 2001. Currently there are four different types of race discrimination: direct, indirect, harassment and victimisation.

Direct discrimination is when a person treats you less favourably on racial grounds than they would treat, or treats some other person. Racial grounds are defined on the grounds of colour, race, and nationality, ethnic or national origins. Many people believe that race discrimination is only the act of being less favourable to those on the grounds of colour or race, but in fact, discrimination on the grounds of nationality, ethnic or national origins is equally as unlawful.

Indirect discrimination challenges the practices and procedures which look like they apply in the same way to everyone but which in reality, have different, unfair effects on certain groups. It is defined in the employment circumstances, as being the application of a specific provision, criterion, or practice, which places a racial group at a disadvantage, which cannot be justified.

Race discrimination through victimisation usually occurs when a person treats you less favourably than they would treat someone else in those particular circumstances. And harassment in race discrimination is the unwanted conduct which has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for you, on the grounds of your race or ethnic or national origins.

If race discrimination takes place during the course of employment, the employer is held responsible for the unlawful acts of their employees. The employer can however avoid being liable for the unlawful acts of employees, if it can be shown that the acts complained of, have fallen outside the scope of the course of employment.