Race discrimination occurs if a person is discriminated against due to their ethnic or cultural background – or racial grounds. It can take the form of Direct or Indirect discrimination and also includes harassment or victimisation.

The authorities have a legal duty to follow to stop unlawful discrimination in a quest to promote equality.

If you are taking legal action regarding race discrimination, it is not necessary to demonstrate an intention to discriminate against you. It is only necessary to demonstrate that the discrimination took place. In addition to this you do not have to demonstrate that racial grounds are the only reason for the discrimination. It is only enough to show that racial grounds played a substantial part in the discrimination.

Direct Race Discrimination

If a person is discriminated against or treated less favourably than another person in the same circumstances; purely based upon racial grounds. This can take the form of words or actions. Discouragement is even considered as direct discrimination.

An example of this would include refusing to appoint a person from a specific racial group for a particular role. Just because the employer thought that he or she would not fit in to the workplace or if customers or clients found them unacceptable. Less obvious examples would include candidates being turned down for work due to their associations with a certain racial group, or if they had a partner who was from a racial group. This would lead to discrimination against all people from that racial grouping.

Indirect Race Discrimination

If a certain racial group is put to an unfair disadvantage due to certain conditions being set for them. Even though these conditions may be set for a wider group, this can constitute to indirect racial discrimination if they only affect the ethnic minority.

Examples of this include:

• If people of a particular racial, ethnic or national group cannot meet or are less likely to meet the conditions set.
• If as a result the racial groups who cannot meet the conditions are placed at a disadvantage.
• Indirect discrimination can also exist if members of one or more racial, ethnic or national group are less likely to meet it than others. For example if an employer insists that candidates for a job should speak fluent English when this is not essential for the role.
• If a racial group is discriminated against for wearing religious garments such as headscarves or turbans.

Victimisation

If a person is treated badly and discriminated against as a result of making a formal complaint or lodging proceedings against an employer or other party; whilst using their rights under race discrimination legislation. It is also illegal to treat a person less favourably if they have supported the case of person who has lodges a case for race discrimination. For example a witness in the case.

Racial Grounds

These include discrimination due to the following:

• Skin colour.
• Racial origins.
• Nationality.
• National origins.
• Ethnic origins.

The last term for ethnic origins is a term is harder to define. Ethnic groups include Jews, Irish travelers, Romany gypsies, Sikhs etc. Even people from Scotland, Wales or England are considered to be from racial groups. In addition to this it is not necessary for you to belong to one of these groups for discrimination to take place. A discrimination may occur if the discriminator thinks that you are from a different racial group.

For more information on race discrimination issues visit CAB.