Equality - Race
EQUALITY ACT 2010 – Race discrimination.
Race is a protected characteristic (PC) under the Act and all the types of discrimination listed in the Introduction to this section apply to it.
Direct discrimination occurs when a person is treated less favourably than another person on racial grounds such as:
(a) colour
(b) ethnic or national origins
(c) race
(d) nationality
Less favourable treatment includes segregating a person from others on the basis of a PC.
Indirect discrimination is where for example procedures for filling job vacancies are based on criteria which put ethnic minorities at a disadvantage
Victimization occurs where a person is unfavourably treated because he takes action or intends to take action under the Equality Act or supports another person who does so.
Employers can be vicariously liable for the acts of their employees should they discriminate against a fellow worker on the grounds of race in the course of employment. Employers must take reasonable steps to prevent such behaviour including the adoption and enforcement of appropriate policies, practices and rules.
The burden of proof in race discrimination cases rests with employers to provide satisfactory explanations to rebut claims. In the past employees alleging racial discrimination had to prove their case but now, once facts are put to a tribunal that infer discrimination, the onus is on employers to prove otherwise.
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All PBS information sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact PBS for expert consultation.
Equality/race