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The main legislation covering race discrimination is the The Race Relations Act 1976 as amended by the Race Relations (Amendment) Act 2000 and the Race Relations Act 1976 (Amendment) Regulations 2003.

 

DEFINITIONS

Race

The Race Relations Act uses ‘race' both to describe the catch-all class that receives protection under the Act, that is, ‘racial group', and as one of five sub-classes that fall within it. The courts and employment tribunals have not so far been called on to define the term.

Race equality scheme

A timetabled plan setting out how a public authority intends to meet its statutory general duty to eliminate unlawful racial discrimination and promote equality of opportunity and good relations between different racial groups. The scheme should indicate the functions and policies that have been assessed as being relevant to meeting the duty, and the arrangements that have been made to assess, consult on and monitor present and proposed policies for any implications they might have for promoting racial equality.

Race relations

Relations between people of different racial groups. ‘Racial group' means a group of persons defined by reference to colour, race, nationality, or ethnic or national origins, and references to a person's racial group refers to any racial group into which they fall.

Race Relations Act (RRA)

The Race Relations Act 1976 as amended by the Race Relations (Amendment) Act 2000 and the Race Relations Act 1976 (Amendment) Regulations 2003.

Racial grounds

Grounds of race, colour, nationality (including citizenship) or ethnic or national origins.

Racial group

Racial groups are groups defined by racial grounds i.e. race, colour, nationality (including citizenship) or ethnic or national origins. All racial groups are protected from unlawful racial discrimination under the RRA. Romany Gypsies, Irish Travellers, Jews and Sikhs have been explicitly recognised by the courts as constituting racial groups for the purposes of the RRA.

A person may fall into more than one racial group; for example, a ‘Nigerian' may be defined by ‘race', ‘colour', ‘ethnic or national origins' and ‘nationality'.

The courts have held that a person's actual racial group may be irrelevant to the way they are treated, and that their racial group may be defined by a discriminator's perception of, or (incorrect) assumptions about, their ethnic or national origins.

Ethnic group

Defined by the House of Lords as a group that regards itself or is regarded by others as a distinct community by virtue of certain characteristics that will help to distinguish the group from the surrounding community. Two of these characteristics are essential:

• 1. a long shared history, of which the group is conscious as distinguishing it from other groups, and the memory of which it keeps alive; and
• 2. a cultural tradition of its own, including family and social customs and manners, often but not necessarily associated with religious observance.

Other relevant characteristics (one or more of which will commonly be found) are:

• 1. either a common geographical origin or descent from a small number of common ancestors;
• 2. a common language, not necessarily peculiar to the group;
• 3. a common literature peculiar to the group;
• 4. a common religion different from that of neighbouring groups or from the general community surrounding it; and
• 5. being a minority or being an oppressed or a dominant group within a larger community, for example a conquered people (say, the inhabitants of England shortly after the Norman conquest) and their conquerors might both be ethnic groups. Although the House of Lords emphasised the need to interpret the word ‘ethnic' relatively widely, in a broad, cultural and historic sense, it also observed that ‘the word "ethnic" still retains a racial flavour'. On this basis, tribunals and courts have proceeded to rule that the English, Scots and Welsh, among others, are not racial groups by virtue of distinct ‘ethnic origins'.

 

DEFINING RACE DISCRIMINATION

The Race Relations Act is concerned with people's actions and the effects of their actions, not their opinions or beliefs. Racial discrimination is not the same as racial prejudice.

It is not necessary to prove that the other person intended to discriminate against you: you only have to show that you received less favourable treatment as a result of what they did.

The Race Relations Act makes it unlawful for a person to discriminate on racial grounds against another and defines racial grounds as including race, colour, nationality or ethnic or national origins.

To bring a case under the Race Relations Act, you have to show you have been discriminated against in one or more ways that are unlawful under the Act.

There are four main types of racial discrimination:

Direct racial discrimination

This occurs when you are able to show that you have been treated less favourably on racial grounds than others in similar circumstances. To prove this, it will help if you can give an example of someone from a different racial group who, in similar circumstances, has been or would have been treated more favourably than you. Racist abuse and harassment are forms of direct discrimination.

Indirect racial discrimination

Indirect racial discrimination may fall into one of two categories, depending on the racial grounds of discrimination. The first is on grounds of colour or nationality under the original definition in the Race Relations Act. The second is based on race, ethnic or national origin and was introduced by the Race Relations Act (Amendment) Regulations 2003 to comply with the EC Race Directive.

On grounds of colour or nationality

This occurs when an apparently non-discriminatory requirement or condition which applies equally to everyone:

•  can only be met by a considerably smaller proportion of people from a particular racial group; and
•  which is to the detriment of a person from that group because he or she cannot meet it; and
•  the requirement or condition cannot be justified on non-racial grounds.

For example, a rule that employees or pupils must not wear headgear could exclude Sikh men and boys who wear a turban, or Jewish men or boys who wear a yarmulka, in accordance with practice within their racial group.

On grounds of race, ethnic or national origin

This occurs when a provision, criterion or practice which, on the face of it, has nothing to do with race and is applied equally to everyone:

•  puts, or would put, people of the same race or ethnic or national origins at a particular disadvantage when compared with others; and
•  puts a person of that race or ethnic or national origin at that disadvantage; and
•  cannot be shown to be a proportionate means of achieving a legitimate aim.

The definition of indirect discrimination on the grounds of race, ethnic or national origin is in general terms broader than on the grounds of colour or nationality and as a result it may be easier to establish racial discrimination than previously.

•  Race regulations: indirect discrimination

Victimisation

This has a special legal meaning under the Race Relations Act. It occurs if you are treated less favourably than others in the same circumstances because you have complained about racial discrimination, or supported someone else who has. A complaint of racial discrimination means that someone has:

•  brought proceedings under the Race Relations Act against the discriminator or anyone else; or
•  given evidence or information in connection with proceedings brought by another person under the Race Relations Act; or
•  done anything under the Race Relations Act or with reference to it; or
•  alleged that a person has acted in a way which would breach the Race Relations Act. The complaint does not need to expressly claim discrimination when making the complaint.

Harassment

The definition of harassment introduced by the Race Relations Act 1976 (Amendment) Regulations 2003 applies when the discrimination is on grounds of race or ethnic or national origins, but not colour or nationality. Harassment on grounds of colour or nationality amounts to less favourable treatment and may be unlawful direct discrimination.

A person harasses another on grounds of race or ethnic or national origins when he or she engages in unwanted conduct that has the purpose or effect of:

•  violating that other person's dignity; or
•  creating an intimidating or hostile, degrading, humiliating or offensive environment for them.

Harassment is unlawful not only in the context of employment, but also within:

•  partnerships
•  trade unions
•  qualifying bodies
•  vocational training; and
•  employment agencies

It is also an unlawful form of discrimination in education, planning, within public authorities, in the provision of goods, facilities, services and premises, and in relation to the training and employment of barristers and advocates.

Racist attacks and violence are serious criminal offences covered by the criminal law, not the Race Relations Act. For example, the Crime and Disorder Act 1998 created 'racially aggravated offences', concerning offences such as harassment, assault, grievous bodily harm, and criminal damages. These carry significantly higher penalties. It is also a criminal offence under the Public Order Act 1986 to use threatening, abusive or insulting language or behaviour in order to stir up racial hatred. This includes distributing racist leaflets. All suspected criminal offences and any racist incident should be reported to the police.

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