Direct and Indirect Discrimination

The law on equality talks about two types of discrimination:-

• Direct discrimination is when you are treated less favourably because of your race.
• Indirect discrimination is where there are rules or conditions which apply to everyone, but which affect one group of people more than others, where there is no good reason for the rule.

For example, a company rule that employees must not wear headgear could exclude Sikh men who wear a turban. Sometimes, what seems like discrimination may be allowed. For example, it could be Legal to say that someone working for a charity providing welfare services especially for the Bangladeshi community should also be Bangladeshi.

.: Victimisation.

If you want to complain about being discriminated against (or if you are helping a colleague who is complaining), you may fear that your employer may, for example, treat you Less favourably for this reason. If they do, this is called Victimisation, and it is unlawful in the same way discrimination is.

• At work.
• When you are renting or buying somewhere to live.
• At school or college.
• When you are buying or using goods or services.

.: Racial harassment.

Racial harassment at work is unwanted behaviour of a racial nature (not just racist abuse) by other employees which creates an intimidating, hostile or humiliating atmosphere. If the person harassing you does not stop after you have asked them to, you should complain to your employer (unless they are the one harassing you). The Race Relation Act says that employers are responsible for any racial discrimination by their employees and clients.In many cases, you could also consider a claim for:-

• Assault against the person harassing you; or
• Negligence or breach of contract against your employer.

If you are attacked you should report it to the police. Under the Crime and Disorder Act 1998, harassment or assault which has a racist motive may carry a higher penalty for the person who has attacked you.

.: Discrimination when renting or buying a house or flat.

It's unlawful for someone to discriminate against you because of your race when they are selling or letting property. So a landlord cannot, for example, refuse to let a house to a black person because of their colour. It is also unlawful for a landlord to discriminate in the way they treat tenants. The law applies to business premises, too.

.: Discrimination because of your religious beliefs.

The Race Relations Act does not protect you from discrimination which is just because of your religion. However, you may be able to bring a claim under the Act if the discrimination is because of your national or ethnic origin, as well as your religion (for example, if you are Muslim and Pakistani).You will need to get legal advice as to whether this would be the case.

.: Sex discrimination.

There are two laws which make sure that men and women are treated equally:-

• The Sex Discrimination Act 1975 (as amended 1986) makes it unlawful to discriminate against men or against women in employment, education, housing, or providing goods and services, and also in advertisements for these things. It's also against the law to discriminate against someone because they are married, but only in work-related matters.
• The Equal Pay Act 1910 (as amended 1984) says that women must be paid the same as men when they are doing the same (or broadly similar) work, or work which is of equal value. European law also says that women and men should receive equal pay for equal work.

.: Discrimination at school or college.

The Race Relations Act says that a school or college must not discriminate against you or your child, for example:-

• When choosing who to admit.
• When deciding whether to exclude a pupil or student; and
• In the way classes are taught.

The school or college must also deal with any racial harassment or abuse by staff or other students. The Race Relations Act also makes it unlawful for a local education authority to discriminate when assessing a child's special needs. If you feel your child is facing racial discrimination, you should first try to discuss the problem with the teacher or headteacher. The Department for Education and Employment has information about dealing with this If that doesn't work, complain to the school governors or the local education authority. If you need to, you can get advice on what to do from:-

• The Commission for Racial Equality.
• Your local Racial Equality Council; or
• The Advisory Centre for Education helpline.

If you are a student, your college or university should have an equal opportunities policy for students as well as staff.

.: Applying for a job.

It is unlawful for an employer to discriminate against you because of your race when choosing someone for a job. It covers three areas.

• When deciding who should be offered the job. This includes the job description, the person specification' (the description of the skills, experience and qualifications needed to do the job), the application form, the short-listing process, interviewing and final selection.
• The terms of the employment contract, such as pay, holidays or working conditions.

.: Discrimination at work.

It's unlawful for an employer to discriminate against you because of your race, when choosing someone for a job, and when deciding which staff will be:-

• Promoted.
• Given benefits at work, such as training;
• Dismissed; or
• Made redundant.

The law also protects you against harassment at work. If you suffer racial abuse at work, you may be able to take legal action against your employer if they do nothing to stop it. You can take a case to an employment tribunal. In a harassment case, you may also be able to take action against the person who is harassing you or your employer in court under the Protection from Harassment Act 1977.