RACE DISCRIMINATION AT WORK

Feb 6 2008 by Sue Scott, Evening Gazette

Q. What is race discrimination?

A. Race discrimination law in the UK is covered by the Race Relations Act 1976(RRA) and this covers both direct and indirect discrimination.

Q. What is the definition of race discrimination for employment law purposes?

A. It is unlawful for an employer to discriminate on the grounds of race. The legislation makes it unlawful to discriminate against someone:

on racial grounds;

where an employment practice has a disproportionate adverse effect on a racial group;

by racially harassing a person;

by victimising a person because s/he has taken action over a race discrimination issue.

Q. What is direct race discrimination?

A. The RRA states that an employer directly discriminates against an employee if, on racial grounds, s/he treats that person less favourably than s/he treats or would treat another employee. To make a successful claim of discrimination an employee must make a comparison with another employee.

Q. What could be an example of direct race discrimination?

A. For example, a black woman would be directly discriminated against if a white woman at her workplace is allowed to work from home but she is not, when they are both doing the same job. However, if there is a lawful explanation from the employer then there may be no discrimination. For example, the white woman was allowed to work from home to meet childcare commitments which the black woman does not have. This would not be unlawful discrimination.

Q. What is indirect race discrimination?

A. Indirect discrimination occurs when an employer has applied a provision, criterion or practice to the workforce or a group of workers and:

that practice, puts, or would put, people of the same race or ethic or national origin as the worker at a particular disadvantage when compared with other employees; and;

the practice does put the worker at a disadvantage; and;

the employer cannot show that imposing the practice is a proportionate means of achieving a legitimate aim.

Q. What action should an existing employee take if they consider they are being discriminated against?

A. The steps an employee could take include:

having informal discussions with the employer;

seeking trade union help if available;

seeking advice from a CAB;

following the statutory grievance procedure;

making a discrimination claim.

Your local CAB can provide further advice and guidance on all employment law matters. There are CABs located in Darlington, Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton.