Race discrimination

by Practical Law Employment based on an original by Paul Griffin and Amanda Sanders, Norton Rose Fulbright LLP

A practice note that examines race discrimination under the Equality Act 2010 (EqA 2010), detailing prohibitions against direct discrimination, indirect discrimination, harassment, and victimisation. This practice note clarifies the definition of race as a protected characteristic, including colour, nationality, and ethnic or national origins. It primarily addresses race discrimination in employment, outlining unlawful actions by employers towards job applicants and current employees. Key legal concepts explored include comparators in direct discrimination, the application of a provision, criterion or practice (PCP) in indirect discrimination claims, and the conditions for establishing harassment or victimisation. The practice note also discusses exceptions where differential treatment based on race may be permissible, such as occupational requirements and positive action. It further considers the effect of retained EU law, relevant codes of practice, and current initiatives and proposals for reform in this area of law.