Race discrimination

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Introduction

Race discrimination key points

The race provisions of the Equality Act 2010 cover discrimination relating to colour, nationality, ethnic origins and national origins.
Direct race discrimination is treating someone less favourably because of race.
There are occupational requirements which allow employers in very limited circumstances to seek to recruit someone of a specified race into a particular post.
Indirect discrimination occurs when a provision, criterion or practice (PCP) which is applied to all puts people of one racial group at a particular disadvantage when compared with others, an individual within that group is put at a disadvantage, and applying the PCP is not a proportionate means of achieving a legitimate aim.
Harassment is defined as unwanted conduct related to race which has the purpose or effect of violating a person's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.
Third party harassment is offensive behaviour (related to race) towards an employee by someone from outside the organisation (eg a customer). The employer is liable for this if it has occurred on at least two previous occasions, and the employer knows that it has occurred and has not taken reasonably practicable steps to prevent it from happening again.
Victimisation is treating someone less favourably because they have brought a claim of discrimination or supported someone who has brought a claim.
Remedies for a successful race discrimination claim include a declaration, recommendations and compensation.
Employers are advised to follow good practice, although they remain vicariously liable for the actions of their employees.

Keywords:
Discrimination, Race discrimination, Equality, Diversity

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