Race Discrimination in the Workplace

Race discrimination in the workplace occurs when an employee is victimised or treated differently due to their race. The Equality Act of 2010 protects employees from racial discrimination, and if you have been treated unfairly in the workplace due to your race, then you should get in touch with one of our team today.

As experienced employment law specialists, we can offer our legal services with accredited race discrimination lawyers to assist with your claim.
Find out more about how we can help you and contact our race discrimination lawyers today. Find out more about how we can help you and contact our race discrimination lawyers today.

Below, we discuss the different types of race discrimination in detail. Below, we discuss the different types of race discrimination in detail.

Direct Race Discrimination

Direct race discrimination refers to an employer being treated less favourably due to a person’s race compared to another employer in a similar situation. Similarly, The Act protects employers who are treated less favourably due to their perceived race and also if the employer is treated differently due to the race of a person they are connected to.Direct race discrimination refers to an employer being treated less favourably due to a person’s race compared to another employer in a similar situation. Similarly, The Act protects employers who are treated less favourably due to their perceived race and also if the employer is treated differently due to the race of a person they are connected to.
An example of direct race discrimination
An employer decides not to promote an employee due to their nationality

Indirect Race Discrimination

Indirect race discrimination can occur where there is a workplace rule, policy or procedure that is applicable to all employees but disadvantages an employee who is of a different race. When claiming for indirect race discrimination in the workplace, the claimant must show evidence of how they have been personally disadvantaged, in addition to providing evidence of how the discrimination would or has led to disadvantages for other employees of different races.Indirect race discrimination can occur where there is a workplace rule, policy or procedure that is applicable to all employees but disadvantages an employee who is of a different race. When claiming for indirect race discrimination in the workplace, the claimant must show evidence of how they have been personally disadvantaged, in addition to providing evidence of how the discrimination would or has led to disadvantages for other employees of different races.

An example of indirect race discrimination

An organisation states within its Employee Handbook that all employees must be clean-shaven, this puts men within a particular religious group at a disadvantage.
Indirect race discrimination, in some circumstances, may be justified within the law. The organisation in question must provide evidence that indirect race discrimination is a “proportionate measure of achieving a legitimate aim”. Therefore, showing discrimination is a rational business need.

Harassment

Harassment relating to race can arise when an employee or employer engages in unwanted conduct towards another employee which makes them feel humiliated, offended and/or degraded. Unwanted conduct includes the written or spoken word, jokes, drawings, unwarranted monitoring of work, unnecessary criticism of work and other behaviour. Harassment relating to race can arise when an employee or employer engages in unwanted conduct towards another employee which makes them feel humiliated, offended and/or degraded. Unwanted conduct includes the written or spoken word, jokes, drawings, unwarranted monitoring of work, unnecessary criticism of work and other behaviour.
However, harassment can never be justified if the employer can show that they put steps in place to prevent the harassment taking place and the harassment claim would not be able to be made against the employer. The claim would have to be made against the harasser. Furthermore, under The Act, employees are now able to hold employers liable for third-party harassment from clients, customers, suppliers or patients. However, harassment can never be justified if the employer can show that they put steps in place to prevent the harassment taking place and the harassment claim would not be able to be made against the employer. The claim would have to be made against the harasser. Furthermore, under The Act, employees are now able to hold employers liable for third-party harassment from clients, customers, suppliers or patients.
Examples of harassment associated with race discrimination
A British Asian employee has constant name-calling and racist remarks made towards him by other colleagues. The colleagues argue it is just office banter however the employee has been offended and insulted by the remarks.
A white employee has seen another employee of a different race being subjected to racial discrimination from their employer.

Victimisation

Victimisation occurs when an employee has been treated badly due to a complaint made regarding racial discrimination. Victimisation can, therefore, occur directly when making a complaint regarding race discrimination in the workplace or when supporting an employee through making their race complaint.
Examples of victimisation associated with race discrimination
A black employee has been put forward for dismissal due to a previous complaint regarding the treatment he/she receives from the directors of the firm.
After making a complaint to the manager about the racist language used within the firm an employee is now being ignored which is upsetting and making the employee feel ill.
Circumstances where racial discrimination is allowed to take place
Under The Equality Act, there are certain circumstances where it is acceptable for employers to discriminate against employees due to their race. The allowing of discrimination is called an occupational requirement which entitles an employer to specify their need for a particular protected characteristic in order for their business to run. However, the employer must show evidence of the genuine need for the protected characteristic.Under The Equality Act, there are certain circumstances where it is acceptable for employers to discriminate against employees due to their race. The allowing of discrimination is called an occupational requirement which entitles an employer to specify their need for a particular protected characteristic in order for their business to run. However, the employer must show evidence of the genuine need for the protected characteristic.

Examples where racial discrimination is allowed

An organisation specialising in working with people from a particular ethnic group and therefore requires job applicants to be of the same ethnic background.
A theatre company is producing a play. Within the play, the actors must be of certain sex and ethnic background to be consistent with the script.
KLG Law are professional, experienced employment law specialists, and with years of experience, we can guide you through your case with clarity, transparency and the latest legal guidance. Race discrimination at work is not acceptable, and you can find legal help with us today.
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