Hi, I believe that I am a victim of race discrimination in the workplace, I am the only Asian member of staff and I get given all the rubbish jobs to do around the office. I was also called a fool by my manager.
They don’t treat any of my white colleagues as bad as they treat me. Please can explain what amounts to race discrimination and what the law says regarding it.
I have recently seen on the news that Jeremy Clarkson is being taken to the Employment Tribunal for race discrimination for racist remarks that he made to Oisin Tymon while they where filming Top Gear.
My case is quite similar to that one, I have some racist remarks said about me, by one particular individual, how can I make a claim for racist discrimination like Oisin Tymon did against Jeremy Clarkson.
The Answer from Solicitors Online
What is Race discrimination?
The Equality Act 2010 makes it illegal for you to face race discrimination in the workplace.
You have the right not to face any form of race discrimination in the workplace. This includes you facing discrimination because of your color, nationality, ethnic or national origin or because someone thinks you belong to a particular racial group or discrimination because you associate with someone of a different racial group, for example if you are married to someone of a different race and you are harassed at work because of this relationship.
It’s unlikely to be a redundancy if your employer takes on someone else to do your job.
There are several types of race discrimination that you may face in the workplace. These are direct discrimination, indirect discrimination, perception race discrimination, harassment and victimization.
Direct Race Discrimination
Direct race discrimination takes place when people in your workplace treat you less favorably because of your race than they treat or would treat your colleagues.
An example of this would be an offering of a training opportunity or promotion given to a white employee, but not to an Asian employee, because of the Asian employee’s race. Another example would be when a well-qualified Asian applies for a job and is told that the job has gone, and then a White person applies and is offered an interview for the job.
Direct race discrimination can still occur even if the action of racism was carried out by someone of the same race.
For example if a well-qualified black candidate has interviewed for a job, and performed well enough, but the assessors of the interview who are also black think that there are too many black people already in their workplace, so they decide not to offer the black candidate the job for this reason.
Indirect Race Discrimination
Indirect race discrimination takes place when a employer applies a provision, criterion or practice that puts people of a particular race at a disadvantage compared to others who are not of that same race.
Employers can only justify such a provision if it was proportionate way of achieving a legitimate business goal.
Some examples of indirect race discrimination are:
• An employer operates a rule that staff must be taller than a certain height. However if a certain ethnic group does not typically have people of that height, there can be seen to be a case of indirect race discrimination against that ethnic group.
• An employer of bus drivers says that its entire staff must have a high level of fluency of English in order drive a bus, which also has a conductor. Even though the bus driver will not be directly communicating with customers, as this will be the role of the conductor not the driver. Therefore it may be hard for the employer to justify the need for such strong language skills, as the conductor will be the one dealing with all the passengers.
Therefore the requirement could be unlawful race discrimination because it puts people of certain national ethnic origins where English is not their first language at a disadvantage in comparison to applicants who have English as their first language.
In order to prove that indirect race discrimination has taken place you must be able to prove that people of your race have been put at a particular disadvantage.
Perception Race Discrimination
Perception race discrimination can occur when an employer has the wrong perception or belief about what a person’s race or ethnicity actually is and discriminates based on their perception.
Where an employer makes a mistake about the race of the person who they discriminate against, they can still be guilty of direct race discrimination.
For example if an employer rejects a job application from a white woman, who he wrongly thinks is Asian, because she has a Asian sounding name. This would be regarded as race discrimination if he rejected on the basis of the employer’s perception of her as being an Asian applicant, even though he has made a mistake about what race the woman actually is.
Harassment and Race Discrimination
Harassment includes behavior that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for you. If you were harassed because of your race, this would be race discrimination.
However even if you are not being harassed because of your race. Harassment in the workplace by itself is against the law. A serious one off incident can count as harassment. Your employer has a duty to protect you from such behavior and if they fail to do so, they will be liable.
Victimization takes place when you are treated less favorably after you have complained about race discrimination or harassment that you faced in the workplace because of your race.
Victimization includes actions taken against you after you left your employment, such as a refusal by your former employer to give you a reference.
Going to the Employment Tribunal
If you believe that you have been facing race discrimination in your workplace and have identified the type of race discrimination that you have faced from the above descriptions. You should consider whether you want to get legal advice from an expert Employment Solicitor on Talk2Solicitors.co.uk
At the Employment tribunal you would have demonstrate that on the balance of probabilities (more than likely), you did face race discrimination from your employer. If your employer disputes this, they would then have to prove that you did not face race discrimination during your time in the workplace.
If you need legal advice on Race Discrimination and what you can do about it, you can get legal advice online from one of our Solicitors online right now.