Racial Discrimination
Racial discrimination in the workplace is never acceptable and is both unpleasant and demoralising. It can make you hate the thought of going in to work, and that’s not good for either you or your employer! So what can be done about it?
First things first…
Legislation prohibiting racial discrimination is set out in the Equality Act 2010. Neither employees nor potential employees should suffer less favourable treatment, or be disadvantaged by any conditions of employment, because of their race. This includes racial discrimination during recruitment, promotion, terms and conditions of employment, training, disciplinary and grievance procedures, dismissals and redundancy.
Racial discrimination includes colour, nationality, ethnic or national origins. But be warned… racial discrimination claims may well be unsuccessful unless sufficient evidence is provided. And this can be hard.
So, with that said, what does legislation cover?
Racial discrimination can take the following forms:
- Direct discrimination
- Indirect discrimination
- Harassment
- Victimisation
Let’s have a look at each type in a little more detail.
Direct Racial Discrimination
Direct racial discrimination can occur when an employer, or individual, treats not only another individual less favourably because of their actual or perceived race, but also if they’re treated unfavourably because of the race of someone they associate with.
An example of direct racial discrimination would be that Miss S applies for a position in a shop but is turned down for the role. When told why she was turned down, it is explained that although the shop owner does not have a problem with Miss S being from Egypt, there is a concern that some customers may have a problem. As a result of this concern, the owner is worried the shop will lose custom to the supermarket up the road. This is clearly racial discrimination because Miss S was refused the role of shop assistant because of her national origin.
It’s important to note that direct racial discrimination can also include segregating an individual from others because of their race.
Indirect Racial Discrimination
Indirect racial discrimination occurs when a provision, criterion or practice (e.g. a rule or a procedure) when universally applied has a disadvantageous effect on a particular group. For example, if an employer advertises a vacancy requiring applicants to have
It’s important to note that an employer may be able to justify an act of indirect racial discrimination if it can show that the rule is a proportionate means of achieving a legitimate aim.
Harassment
Harassment can occur when the conduct of an employer, or one of their employees, has the purpose or effect of either violating another individual’s dignity, and/or creates an intimidating, hostile, degrading, humiliating or offensive environment.
Also, be aware that an employee can bring a claim for harassment even if they do not hold the particular characteristic in question. For example, it is not necessary for an employee to originate from Africa to find abusive remarks about people from Africa offensive. A claim for harassment could still be considered.
Victimisation
Victimisation, with respect to racial discrimination, occurs when an individual is treated less favourably as a result of their making a complaint (or intending to make a complaint) about racial discrimination or harassment. It can also occur when an individual is treated less favourably as a result of their giving evidence or information in relation to someone else’s racial discrimination claim. So, for example, if you are denied promotion or training as a result of your involvement in a racial discrimination complaint, then this may be considered victimisation too.
What should I do now?
If you think you have been the victim of racial discrimination at work, the best thing is to take advice as soon as possible. We offer a free initial telephone consultation, so contact us now on 0800 304 7254.
