| RACE RELATIONS, ETHNIC PREJUDICE: RACIAL | | | | suffer because of racial discrimination -who the |
| DICRIMINATION, HARASSMENT, SEGRAGATION, | | | | racial discrimination legislation should cover and by |
| VICTIMISATION, ABUSE IN EQUAL | | | | what criteria. |
| OPPORTUNITIES EMPLOYMENT LAWS | | | | Colour, race, nationality, national origin, are pretty |
| It is not unlawful racial discrimination to subject | | | | easily definable, but not so always 'ethnicity' or |
| another to racial discrimination if it is positive racial | | | | 'ethnic origin' or whether 'creed' would qualify) and |
| discrimination. One, without subjecting to racial | | | | the courts have given guidelines on what |
| discrimination, can be liable for racial discrimination | | | | constitutes an ethnic group, and the |
| in race relations, equal opportunities, employment | | | | characteristics which qualify for classification for |
| laws. | | | | purpose of legal action for racial discrimination as a |
| Race relations laws are reasonably uniform | | | | member of an ethnic group or of an ethnic origin |
| ~multi-national is the authority of Article 13 EU | | | | include (Mandale -v- Dowell Lee, 1983) a historical |
| Directive regarding race equality in respect of, e.g., | | | | and long shared consciousness of being |
| social security, social protection -any form of | | | | distinguished by it which is alive and continues to |
| social advantage. | | | | be in memory, a tradition which is cultural and |
| Not everywhere are race relations and racial | | | | includes customs and manners socially, |
| discrimination laws identical, but, broadly speaking, | | | | consciousness of ancestral descent and/or |
| racial discrimination laws are similar, and, where | | | | geographical origin, commonness of language or |
| exists effort to better race relations and achieve | | | | literature and/or of religion as distinct from those |
| racial equality, protection against racial | | | | of such other groups that are neighbouring, or |
| discrimination as the basis for good race relations | | | | being within a larger group a minority group be it |
| and aspirations to racial equality, the consideration | | | | dominant or oppressed ~this, except in Northern |
| from which stem the race relations legislation as | | | | Ireland, excluded religious prejudice as racial |
| part of equal opportunities law, in seeking to | | | | discrimination, and the need to reconsider gave |
| reduce racial discrimination, is the same: | | | | rise to the Religion or Belief Regulations. |
| harmonious integration of multicultural societies can | | | | The amended Race Relations Act and Race |
| only be achieved by good race relations based on | | | | Relations Regulations outlaw prejudice on ground |
| racial equality -by way of the elimination of racial | | | | of citizenship too and emphasize equality as |
| discrimination. | | | | neither to whom nor where but the principle of it |
| Lawful racial discrimination and unlawful racial | | | | ~one equally is liable for race prejudice for aiding |
| discrimination and colour prejudice are regulated | | | | or abetting a discriminator, being also unlawful |
| by race relations laws, e.g. the Race Relations Act | | | | inciting to or inducing race prejudice or race |
| 1976 under which was set up and exists the | | | | harassment). |
| Commission for Racial Equality (CRE -the Race | | | | If one is directly in relation to, solely on the |
| Relations Board) to assist ethnic minorities and | | | | ground of, national or ethnic, racial or colour, |
| help end racial discrimination and colour prejudice | | | | differences is subjected to racial discrimination, |
| by promoting racial equality -now within and part | | | | Direct Racial Discrimination that is called in law |
| of the Equal Opportunities Commission (EOC) | | | | ~and since the party alleged to have subjected to |
| which deals with also other equality issues under | | | | the ethnic or race or colour prejudice is not likely |
| equal opportunities legislation. | | | | to admit to disregard for the Race Relations Act |
| Racial discrimination related equality generally are | | | | by the alleged unlawful racial discrimination and the |
| promoted in race relations by the | | | | burden is on the party who alleges racial |
| non-discrimination policy expressing willingness in | | | | discrimination to prove it, the 'but for' test is used |
| the interests of good race relations and intention | | | | by the courts in lawsuits for racial discrimination |
| to refrain from such discriminatory practices as | | | | before them in determining on a balance of |
| would obstruct efforts to better race relations | | | | probabilities whether one has been the subject of |
| and racial equality, and, therefore, in furtherance | | | | racial discrimination in law -this test is: would not |
| of the desired race relations and aspired racial | | | | the party alleging to have been subjected to racial |
| equality, not only is racial discrimination prohibited | | | | discrimination under the Race Relations Act not |
| under the race relations legislation but the Race | | | | have been treated so but for the racial |
| Relations (Amendment) Act 2003 and Race | | | | difference? (If would still have been treated so it |
| Relations (Amendment) Regulations 2003 with | | | | is not racial discrimination -if not, it is unlawful racial |
| two Orders in 2004 require public bodies to | | | | discrimination.) |
| promote and other bodies to treat as part of the | | | | But, racial discrimination often takes place in the |
| race relations code to practice race equality | | | | form of what is called in law Indirect Racial |
| refraining from less favourable treatment by | | | | Discrimination -by imposing a requirement which |
| ethnic or colour prejudice or any other form of | | | | cannot reasonably be justified and which only |
| race discrimination or racist harassment or racism | | | | members of a particular e.g. ethnic or colour or |
| based abuse. | | | | racial group are unable to comply with ~for |
| Race relations laws exist not mainly to promote | | | | example, refusal of employment to a Sikh on the |
| racial equality by making racial discrimination a | | | | ground of a prohibition to wear a beard or long |
| criminal offence, but to cater for failure to comply | | | | hair, which effectively barred from consideration |
| with the requirements of the Race Relations Act | | | | all job applicants who were Sikhs and whose |
| by dealing as a civil matter with disregard for | | | | religious beliefs include the wearing of a beard or |
| good race relations and racial equality by way of | | | | long hair was held to be indirect racial |
| entitling parties subjected to racial discrimination to | | | | discrimination in Britain (Panesaar -v- Nestle & |
| seek through the courts or tribunals dealing with | | | | Co. Ltd. 1980), and uniform considerations made |
| race relations proportionate remedies. | | | | lawful forbidding Islamic dress (Denbigh High School |
| Remedies for racial discrimination are not only for | | | | -v- Begun 2006). |
| racial discrimination or colour prejudice in | | | | The difference between indirect discrimination and |
| employment, nor for ethnic discrimination or race | | | | direct discrimination, therefore, is simply that in |
| prejudice against racial or ethnic groups of people | | | | direct racial discrimination it suffices under the |
| -remedies for racial discrimination exist equally e.g. | | | | Race Relations Act to show less favourable |
| for racial discrimination by a shop or a bar that | | | | treatment on racial grounds of the person alleging |
| subjects the individual customer (of any race or | | | | race prejudice, whereas in indirect racial |
| colour, including white) to less favourable | | | | discrimination it must be shown as being less |
| treatment or by a public body or by a service | | | | favourable treatment on racial grounds of a group |
| industry that similarly subjects a customer to | | | | of persons who in light of the guidelines the Race |
| racial discrimination. | | | | Relations Act applies to and that the person |
| Indeed, also any individual who is not claiming for | | | | complaining of racial discrimination belongs to that |
| racial discrimination and is not affected by any | | | | group of persons. |
| colour prejudice or ethnic prejudice or any other | | | | While also Racial Discrimination Victimization (e.g. |
| kind of racial discrimination or racist harassment | | | | discriminating by way of employer retaliation and |
| -nor even falls within a class under the Race | | | | firing a worker or e.g. overlooking a worker for a |
| Relations Act who are protected from racial | | | | pay increase, or promotion) is unlawful prejudice |
| discrimination, has the right in racial discrimination | | | | under the Race Relations Act, including for the |
| legislation in the interests of racial equality and | | | | reason that one is suspected that one might |
| good race relations to inform of any race | | | | complain of racial discrimination) in practice one |
| prejudice the Commission for Racial Equality or | | | | alleging victimization arising from race prejudice |
| Equal Opportunities Commission -who if given | | | | may be expected in most legal action, especially in |
| reasonable evidence that a business practices | | | | matters of employment, to have and to produce |
| race discrimination has a duty under the Race | | | | evidence of having in writing to, e.g., one's |
| Relations Act to investigate the alleged | | | | employer, complained of racial discrimination |
| discriminatory practice to end any racial prejudice | | | | -although not necessarily of racial discrimination |
| as well as to prevent the repetition of that race | | | | victimisation itself (an employee’s serving on |
| prejudice ~which it does by seeking to ensure a | | | | the employer at least later a Racial Discrimination |
| non-discrimination policy based race relations code | | | | Questionnaire might also help). |
| of practice by that business and if not issues a | | | | Action for racial discrimination normally lie to |
| race equality Non-discrimination Notice against | | | | County Courts under the Race Relation Act in the |
| re-occurrence of racial prejudice (that that | | | | normal ways of any civil action; but in matters to |
| business will be shut down if it refuses to respect | | | | do with race prejudice in employment and race |
| racial equality and race relations laws -if racial | | | | equality laws every employer is required to have |
| discrimination does not cease). | | | | a formal and well publicised non-discrimination |
| Remedies for racial discrimination exist also for | | | | policy about racial discrimination and to do so in |
| such situations in which one is subjected to racial | | | | the form of a formal written equal opportunities |
| prejudice by another who is not liable in race | | | | statement -covering also race relations and racial |
| relations law and cannot be subjected to race | | | | discrimination issues, and action for racial |
| equality legislation because is acting for someone | | | | discrimination is in Employment Tribunals ~in either |
| else who neither authorised it nor knew of that | | | | kind of action if the alleged racial discrimination |
| racial prejudice and did not personally breach the | | | | involves the teaching profession or an educational |
| Race Relations Act or the race relations code | | | | establishment also the Department of Education it |
| ~liability can also be vicarious under the Race | | | | is expected to inform of that racial discrimination. |
| Relations Act and then the latter bears vicarious | | | | In Britain while in matters of race equality in |
| race discrimination liability for the former's | | | | employment one at no cost may complain of |
| disregard for racial equality for any loss or injury | | | | racial discrimination in recruitment or selection or |
| suffered as a result of race discrimination. | | | | vocational training, or of racial discrimination in the |
| Racial discrimination in law is not only about the | | | | workplace, to such tribunals, one may be barred |
| racist who claiming cultural or colour or national or | | | | from pursuing a race prejudice lawsuit, or may |
| ethnic supremacy with disregard for race relations | | | | face the other party's (and possibly other) |
| advocates racism and racial hatred against ethnic | | | | legitimate and probably untaxed costs, if one |
| refugees or immigrants not of same race inciting | | | | pursues a racial discrimination case which is |
| prejudice for colour or religion or belief. | | | | considered to be misconceived -i.e. has no |
| Racial Discrimination Definitions when are looked | | | | prospect of success (although this might revert in |
| at, basically racial discrimination as prohibited by | | | | the future to frivolity or vexation in the course |
| the Race Relations Act is anyone's in any situation | | | | the legal proceedings). |
| and in any way treating one less favourably than | | | | Lawful Racial Discrimination is possible -racial |
| another on grounds of, e.g., one's race or colour | | | | equality laws do allow for it in, e.g., employment |
| -because of race prejudice or colour prejudice… | | | | and race relations. |
| But racial discrimination as covered by the Race | | | | Sometimes lawfully as Positive Racial |
| Relations Act is not limited to racial discrimination | | | | Discrimination may be practised ethnic or colour or |
| on the ground of one's race or in the form of | | | | race prejudice in promoting race equality and in |
| colour prejudice ~it is equally unlawful racial | | | | the interests good race relations, e.g., by |
| discrimination if the racial discrimination is on | | | | employers, in order to keep a reasonable racial |
| grounds of nationality or national or ethnic origin | | | | balance, by intentional racial discrimination |
| (indeed while race equality legislation include in the | | | | specifically recruiting from a particular colour or |
| Race Relations Act mainly racial discrimination | | | | from a particular racial or ethnic background alone |
| related harassment -i.e. colour prejudice based | | | | -to do so genuinely for that reason is legal racial |
| harassment or race prejudice based harassment | | | | prejudice and such positive discrimination is not |
| or harassment in ethnic relations [now also | | | | unlawful racial discrimination. |
| harassment because of nationality or citizenship | | | | This is because employers are expected by the |
| prejudice], such statutory instruments as the EE | | | | Race Relations Act as a matter of |
| (Religion or Belief) Regulations 2003 also extend | | | | non-discrimination policy to help promote racial |
| less favourable treatment detriment to cover e.g. | | | | equality by regular racial monitoring at the |
| religious prejudice harassment or belief | | | | workplace to ensure that they have a reasonable |
| discrimination based harassment -also on such | | | | number of e.g. black or Indian employees -indeed |
| grounds making unlawful bullying or abuse e.g. | | | | sometimes if sued for racial discrimination they |
| derogatory remarks affecting respectability). | | | | may be asked to show that ~and that is |
| Racial Harassment can be a criminal offence -also | | | | sometimes done by way of positive racial |
| race prejudice which is not harassment can be | | | | discrimination in the recruitment of their |
| harassment if persistent; and racial discrimination | | | | workforce. |
| includes the violation of one's dignity under the | | | | One may not claim for unlawful racial |
| Race Relations Act -including by way of | | | | discrimination in the case of such employment as |
| name-calling, as well as the creation of an | | | | may be reasonably classed as personal services |
| environment which is hostile or degrading or | | | | -in cases of such employment it is not illegal to |
| offensive to one or in which one suffers | | | | exercise racial or religious prejudice and, e.g., if a |
| intimidation ~also after the relationship has ended | | | | Jewish family advertise specifically for a Jewish |
| and also if it humiliates affecting only self-respect | | | | employee as nanny and would not do a non-Jew |
| (taking into account in race equality lawsuits | | | | for employment as such for their children that is |
| particularly also one's own perception of those as | | | | not unlawful racial discrimination under the Race |
| evidence of race prejudice). | | | | Relations Act but perfectly lawful racial |
| Additionally, racial discrimination does not have to | | | | discrimination. |
| be direct racial discrimination, and one can be liable | | | | Nor is it unlawful racial discrimination where |
| as much as for direct racial discrimination also for | | | | employment involves a requirement that one |
| indirect racial discrimination -although under the | | | | must be of a specific race and that requirement is |
| Race Relations Act indirect discrimination is more | | | | a genuine occupational qualification -such as in |
| difficult than direct discrimination to prove in racial | | | | relation to employing only black actors to play, |
| discrimination lawsuits. | | | | e.g., in Shakespeare's play 'Othello' the role of the |
| But what is racial discrimination has essentially to | | | | black character called so. |
| do with who can be subjected to racial | | | | And, of course, Racial Discrimination Segregation it |
| discrimination -who can complain of racial | | | | would not be classed as if, e.g., one who often |
| prejudice, who qualify under the Race Relations | | | | prides himself "I am a African" is separated from |
| Act to claim for racial discrimination. | | | | a disrupting colleague who needles "He don't speak |
| It became necessary to define who fell into the | | | | proper English. |
| category that under the Race Relations Act can | | | | |