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CERES: Centre for Education for Racial Equality in Scotland

RACE RELATIONS ACT 1976

[Direct Discrimination] [Indirect Discrimination] [Victimisation] [Genuine Occupational Qualification] [Positive Action]

[Instruction to Discriminate] [Pressure to Discriminate] [Aiding Unlawful Acts]

 

The Race Relations Act 1976 prohibits discrimination on racial grounds. Racial grounds means any of the following grounds : "colour, race, nationality or ethnic or national origins".

When the term 'racial groups' is used, it 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 refer to any racial group into which he/she falls.

 

The Act does not allow for discrimination either Directly or Indirectly, nor can you Victimise a person on these grounds.

 

Direct discrimination is when someone treats one person less favourably on racial grounds

 

Indirect discrimination is when a requirement or condition is applied or would be applied to everyone but doing this puts people of a particular racial group, national or ethnic origin at a particular disadvantage and the requirement or condition can’t be shown to be a proportionate meaning of pursing a legitimate aim.

 

Victimisation The Act ensures those who bring proceedings or support someone else to do so, give evidence or information or allege a contravention of the Act are protected from victimisation. This means they are protected from being treated less favourably because they have complained of discrimination or helped someone else to do so e.g. refusing to provide a reference to someone who’s complained of discrimination, passing over someone for training or promotion because they’ve supported someone to bring a claim of discrimination.

 

Exemptions
Exemptions are allowed through the following:

(1) Genuine Occupational Qualification ( GOQ) - Section 5(2) of the Race Relations
Act provides that where being a member of a racial group is a genuine occupationalqualification for a job, it is lawful to discrimination on those grounds

For example:

• where the job involves participation in a dramatic performance or other
  entertainment where 'authenticity' is important e.g.: the part of Othello
• where the job involves participation as an artist's or photographic model in the
  production of a work of art, picture or film
• where the jobholder provides persons of the racial groups with personal
  services promoting their welfare and those services can most effectively be provided by a person of the same racial group

(2) Positive Action by employers, training bodies, trade unions and professional organisations for the purpose of promoting the entry of persons of a particular racial group into work where the group is underrepresented.

This is permissible under
Section 38 of the RRA 1976 which allows employers to encourage persons from a particular racial group to apply for employment where they are not represented or are under-represented e.g. advertising in languages other than English or in particular areas or media which are mostly commonly used by people from the underrepresented groups to encourage them to apply for work.

 

(3) There are other exemption categories such as domestic employment and where British companies have operations overseas

 

Instructions to Discriminate- it is unlawful to instruct a subordinate to discriminate unlawfully, even if there is no formal chain of command

 

Pressure to Discriminate - it is unlawful to induce or to attempt to induce a person to discriminate unlawfully

 

Aiding Unlawful Acts - a person who knowingly aids or assists in an act rendered unlawful by the RRA is treated as him/herself committing the act. This is punishable by fine.

 

[Direct Discrimination] [Indirect Discrimination] [Victimisation] [Genuine Occupational Qualification] [Positive Action]

[Instruction to Discriminate] [Pressure to Discriminate] [Aiding Unlawful Acts]

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