The Race Relations Act 1976 makes it unlawful to discriminate against a person on the grounds or race, colour, nationality (including citizenship) or ethnic or national origin. The Act makes three types of discrimination unlawful: direct, indirect and victimisation. (See the definitions)
The act applies to:
- employment
- training
- housing
- education
- the provision of goods, facilities and services.
2000 Amendment
The Race Relations Act was amended in 2000 to impose general duties on all major public authorities to promote equality of opportunity, good race relations, and provides for the Home Secretary to impose by Order certain specific requirements.
Some private sector organisations carrying out public sector functions may also be asked to carry out these requirements. (See the home office website)
The Race Relations Act 1976 (Amendment) Regulations 2003
On 19 July 2003, amendments to the Race Relations Act strengthened protection from racial discrimination and harassment. These improved the regulations to be more comprehensive and meet the EU Directive. These changes include:
- New definition of indirect discrimination
- New statutory definition of harassment (See the definitions)
- Burden of proof - now there will be a need for respondents in tribunals to provide evidence to support any denials of racial discrimination or harassment.
- Genuine occupational requirement - The references to particular types of jobs that were relevant to genuine occupational qualification has been abolished. Now any job may now be restricted to a racial group based on the relevant grounds. (link to Genuine occupational requirement)
- Post-employment discrimination - The Act now makes it unlawful to discriminate against or harass an employee whose employment relationship has ended.
The Commission for Racial Equality (CRE) can provide advice and assistance to all cases of alleged discrimination; this is their statutory duty. The CRE cannot rule on whether discrimination has occurred as this if the employment tribunal or a court to decide. However, the CRE can only consider your application for assistance if the Race Relations Act covers your complaint.
See the Commission for Race Equality website >> www.cre.gov.uk
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