Race Acts 

Race Relations Act (RRA) 1976
Summary

This Act prohibits discrimination on racial grounds in the areas of employment, education, and the provision of goods, facilities, services and premises. The Act also outlaws racial harassment or victimisation. It recognises and prohibits two forms of discrimination:

• Indirect racial discrimination - occurs where a condition (not, on the face of it, to do with race) is applied which has an adverse effect on a considerably larger proportion of one ethnic group over another and which is not justified. For example, a criterion might be applied as a qualification for employment, that employees live within a certain distance of their place of work; however, this might indirectly discriminate against a particular ethnic group if the majority of that ethnic group lives outside the "catchment area" defined by the employment condition. An employer may specify an ethnicity criterion for a post where it is established that being of a particular ethnicity is a genuine occupational requirement (GOR) for the job, or duties to be performed as part of the job.
• Direct racial discrimination -  This occurs when for example an employee is treated less favorably than another in similar relevant circumstances on the grounds of his or her colour, race, and nationality, ethnic or national origins or because of these attributes in someone to whom they are related or with whom they are in a relationship.
  Direct discrimination may also occur where treatment of a worker on the above grounds results in dismissal, denial of opportunities within or for employment or training, or any other detriment.

   

Issues

Although the RRA covers some religious groups, it does not cover religion per se. However, such discrimination in employment is now unlawful under the Employment Equality (Religion or Belief) Regulations 2003.

Positive Discrimination on grounds of race or ethnicity is unlawful. Positive Action, however, is legal where a significant imbalance of representation exists across ethnic groups.

What employers must do

Employers need to ensure that recruitment and employment policies and practices have been assessed for any disadvantages to any/all ethnic groups in the workforce and job seekers, and where identified, that any disadvantages have been eradicated.

They also need to ensure that robust policies, procedures, awareness activities and training are in place to support the eradication of racial harassment, bullying and victimisation in the workplace. Develop and publish a race equality scheme, to be revised every three years.

Monitor staff with reference to the racial group to which they belong by:

• the numbers of staff in each group, and
• applicants for employment, training and promotion, from each such group

Where that person has 150 or more full-time staff, employers need to monitor the numbers of staff from each such group who:

• receive training
• benefit or suffer detriment as a result of its performance assessment procedures
• are involved in grievance procedures
• are the subject of disciplinary procedures or
  cease employment with that person
  

Race Relations (Amendment) Act (RR(A)A) 2000
Summary

The RR(A)A extends the Race Relations Act 1976 and gives public authorities a new statutory duty to promote race equality (the race equality duty, or RED). It aims to help public authorities such as NHS organisations to provide fair and accessible services, and to improve equal opportunities in employment. There are two parts to the Act:

• The general duty applies to specified public authorities (including NHS trusts and strategic health authorities) to:
  Eliminate unlawful racial discrimination
  Promote equality of opportunity
  Promote good relations between people of different racial groups.
• In addition certain specific duties are also placed on public authorities.

Implications

The specific duties in the Act clearly set out the details of some key activities for public authorities. However, the general duty to promote race equality requires organisations to consider the totality of what they do and to develop creative approaches to fulfilling this wider role.

Issues

Public authorities, to whom the general duty applies, cannot transfer responsibility for it to other agencies that are contracted to carry out their public functions. However, they should ensure, via contract terms that their contractors' actions do not result in the public authority failing to meet its obligations to fulfill the general duty.

What employers must do

Employers should develop and publish a Race Equality Scheme (RES) and Action Plan (individually, or as focused part of a Single Equality Scheme) to be updated every three years.  They should also undertake race equality impact assessments of all policies, functions and procedures.

Monitor staff, by reference to the racial group to which they belong, specifically

• the numbers of:
  (i) staff in post
  (ii) applicants for employment, training and promotion, from each such group
• where the organisation has 150 or more full-time staff, the numbers of staff from each such group who:
  (i) receive training
  (ii) benefit or suffer detriment as a result of its performance assessment procedures
  (iii) are involved in grievance procedures
  (iv) are the subject of disciplinary procedures (v) cease employment with the organisation.

Publish the results of monitoring annually.

Race Relations Act 1976 (Amendment) Regulation 2003

This Act introduced:

• new definitions of indirect discrimination and harassment
• new burden of proof requirements, continuing protection after employment ceases
• new exemption for a determinate job requirement and removal of certain other exemptions

Racial and Religious Hatred Act 2006

This Act aims to stop people from intentionally using threatening words or behaviour to stir up hatred against somebody because of what they believe.