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Race Discrimination
 

The Race Relations Act 1976

Under the Race Relations Act 1976 (RRA) people are protected against discrimination on racial grounds.  Racial grounds are defined as colour, race, nationality, or ethnic or national origins.  It covers employment, education, housing, advertising, and the provision of goods and services.  Since it was amended in 2001(Race Relations (Amendment) Act 2000) it covers discrimination in all public bodies.

The Act also confers rights to someone treated less favourably because of someone else's race.  In Showboat v Owens a white employee who refused to carry out instructions from their employer to exclude black people from the premises was held to have been discriminated against on racial grounds.

Exclusions

Colour and nationality

RRA s5 provides for GOQ (genuine occupational qualification) exceptions in respect of authenticity in entertainment, modelling, and public restaurants.  It also provides an exception in relation to personal welfare services.

Race and ethnic or national origins

Where colour or nationality fall under this head they will be subject to the provisions relating to race and ethnic or national origins.  These are recent provisions giving rise to the EU Race Directive 2000/43 and they provide for a genuine occupational requirement (RRA s4A).  This does not set out specific occupations but lays down that race or ethnic or national origins must be a genuine and determining occupational requirement and it must be proportionate to apply it in the particular case.

Positive discrimination

This is generally unlawful but is permitted in certain circumstances.  In employment encouragement can be given to a particular race (e.g. via training) if they are under represented in a particular occupation (RRA s38).

    
 

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