Race Relations Act 1976  Back to Previous Page

 Definitions
• 1.  Direct Discrimination occurs if on the grounds of colour, race, ethnic origin or nationality a person is treated less favourably than another in similar circumstances.
• 2.  Indirect Discrimination makes unlawful any requirements which have the effect of working to the detriment of a particular racial group, whether intended or not.

e.g. 
A requirement for clothing or uniforms which prevents a racial group from applying because their cultural background imposes certain dress standards.

e.g. A condition for a high standard of English which is not necessary for the job may disadvantage those whose first language is not English.

Positive Action
Positive action is allowed to encourage a specific racial group to make applications. e.g.training for particular racial groups to enter a specific occupation but discrimination when selecting is not allowed
  ACT DOES NOT COVER
• 1.  Discrimination on the grounds of religion. However, Sikhs and Jews are defined as racial groups for the purposes of the Act. But to discriminate against a religion may indirectly discriminate against a race e.g. a large proportion of Indians are Hindus.

Genuine Occupational Qualifications
Membership of a particular racial group must be a requirement of the job to be allowable.

• 1. For authenticity in drama or entertainment as an actor/actress.
• 2.

For authenticity as a model.
• 3. For authenticity where working in food and drink may require someone from a specific race e.g. a Chinese person working in a Chinese restaurant.
• 4. In the provision of personal services e.g. when an Asian social worker may relate better to Asian clients than a social worker from another racial group.

N.B.
• 1. The Act does not apply to employment which is wholly or mainly abroad.
• 2. Employment by the Crown or Armed Forces can in certain circumstances be exempt.
• 3. There is no longer an exception for private households, except for privacy or decency.