News - Legislation |
Race relations 19 July 2003
19 July 2003: several changes introduced, including new definitions of
direct and indirect discrimination, the introduction of a freestanding
statutory right against harassment and prohibiting discrimination after
the employment ends, as long as it arises out of or is closely connected
to the employment relationship.
Race relations
On 19 July 2003 race discrimination law was updated.
The new provisions do not apply to all forms of race discrimination. They only apply to discrimination on the grounds of race, national or ethnic origins.
• The definition of indirect discrimination has been brought into line with that of indirect sex discrimination. This is where an apparently neutral provision criterion or practice is applied equally but puts or would put people of the same race or national or ethnic origins at a disadvantage compared with others; puts that person at a disadvantage and which is not a proportionate means of the employer achieving a legitimate aim.
• A new freestanding right not to be racially harassed has been introduced. Harassment occurs where because of a person's race, ethnic or national origins, someone engages in unwanted conduct that has either the purpose or the effect of violating the other's dignity or creating an intimidating, hostile, humiliating, degrading or offensive environment for that person.
• The burden of proof in indirect discrimination claims has been brought into line with that in sex discrimination claims. Where an applicant in the employment tribunal establishes a prima facie case, the burden of proof then shifts to the employer to show that it was not discriminatory.
• The old defence has been replaced with a new, narrower one
of 'genuine occupational requirement' for the job.
• It is now unlawful to discriminate or harass an employee after the employment has ended if the discrimination arises out of and is closely connected with the employment relationship.
Discrimination on the grounds of colour and nationality is still only covered by the Race Relations Act.
If you would like further details, here's links to the statutory
instrument itself
www.legislation.hmso.gov.uk/si/si2003/20031626.htm
and the CRE has produced a helpful guide:
www.cre.gov.uk/legaladv/rra_regs.html
