The Race Relations Act 1976

GCSE Religious Studies (Philosophy & Ethics)

The Race Relations Act 1976 applies to discrimination on the grounds of colour, race, nationality and ethnic and national origins. It applies in Great Britain but not in Northern Ireland, religious discrimination is not explicitly covered in Britain but separate legislation covers this in Northern Ireland. The Act provides for a few, specific exemptions where it may be a genuine occupational qualification (GOQ) to be a member of a particular race, ethnic group, etc. The list of genuine occupational qualifications includes actors, models, personal welfare offices and certain jobs in places like restaurants where "for reasons of authenticity" a person of a particular racial group is required, for example a Chinese restaurant.

The Race Relations Act covers discrimination by employers, trade unions, professional associations, employment offices and similar bodies and redress may be sought against an individual and their organisation.

In the context of the extent of race discrimination revealed by research, the number of complaints to tribunals is relatively low. In 1993-1994 some 1,304 cases were dealt with under the RRA. Over half of the claims were withdrawn without reaching a hearing, a minority being settled through conciliation. The success rate for applicants whose cases were heard at tribunal was 26 per cent. in 1993-1994, a marked increase on earlier years. The average compensation awarded was ¥2,900 in 1993.

The Race Relations Act 1976
This Act outlaws three types of discrimination: direct, indirect and victimisation:

Direct discrimination
occurs when a person (including a company or a public authority), on racial grounds, treats someone less favourably than others in similar circumstances. Racial grounds are grounds of colour, race, nationality (including citizenship) ethnic or national origin

Example: Say a person shortlists a white candidate but not a black candidate who has equivalent qualifications. This would be direct discrimination.

Indirect discrimination
occurs when a condition or requirement which is applied equally to everyone can be met by a considerably smaller proportion of people ...

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The Race Relations Act 1976
This Act outlaws three types of discrimination: direct, indirect and victimisation:

Example: Say a person shortlists a white candidate but not a black candidate who has equivalent qualifications. This would be direct discrimination.

Indirect discrimination
occurs when a condition or requirement which is applied equally to everyone can be met by a considerably smaller proportion of people from a particular racial group, and it is to their disadvantage because they cannot comply with it.

The condition or requirement will be unlawful unless it can be justified on non-racial grounds. Under the RR Act, a racial group is a group of people defined in terms of colour, race, nationality (including citizenship) ethnic or national origin.

Example: A Local Authority (not LBBD) had a sons & daughters of existing tenants allocation policy.
This was found to have an indirect discriminating effect because the policy favours one particular racial group to the expense of minority racial groups.

Victimisation
occurs when a person is treated less favourably than others for having made, or supported, a complaint of racial discrimination. An example is rejecting a candidate because the recruiter is aware that the candidate has previously made complaints of discrimination against the organisation or another organisation.

Racial discrimination

A person discriminates against another in any circumstances relevant for the purpose of any provision of this Act if-

On racial grounds he treats that other less favourably than he treats or would treat other persons; or he applies to that other a requirement or condition which he applies or would apply equally to persons not of the same racial group as that other but which is such that the proportions of persons of the same racial group as that other who can comply with it is considerably smaller than the proportion of persons not of that racial group who can comply with it; and which he cannot show to be justifiable irrespective of the colour, race, nationality or ethnic or national origins of the person to whom it is applied; and which is to the detriment of that other because he cannot comply with it. It is hereby declared that, for the purposes of this Act, segregating a person from other persons on racial grounds is treating him less favourably than they are treated.

Meaning of 'racial grounds', 'racial group' etc

In this Act, unless the context otherwise requires-

'Racial grounds' means any of the following grounds, namely colour, race, nationality or ethnic or national origins;

'racial group' means a group of persons defined by reference to colour, race, nationality or ethnic or national origins, and references to person's racial group refer to any racial group into which he falls. The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group for the purposes of this Act.

In this Act- references to discrimination refer to any discrimination falling within section 1 or 2; and

(b) reference

and related expressions shall be construed accordingly.

(4) A comparison of the case of a person of a particular racial group with that of a person not of that group under section 1(1) must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.

The Race Relations Act 1976

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