Appendix F – Legislation
Race Relations Act 1976
The Race Relations Act 1976 (RRA) makes it unlawful to treat a person less
favourably than another on racial grounds in the areas of employment, education,
and the provision of goods, facilities, services and premises. These cover
grounds of race, colour, nationality (including citizenship), and national or ethnic
origin.
Race Relations (Amendment) Act 2000
In 2000, the Race Relations Act was amended (RRAA) to give public authorities
a new statutory duty to promote race equality; it outlawed discrimination (direct
and indirect) and victimisation in all public authority functions not previously
covered by the RRA and with only limited exceptions. The aim was to help public
authorities to provide fair and accessible services, and to improve equal
opportunities in employment. The general duty states that public authorities must
have ‘due regard to the need’:
• To eliminate unlawful racial discrimination;
• To promote equality of opportunity;
• To promote good relations between persons of different racial groups.
The legislation was necessary to ensure that we all receive the best from our
public services. Previously many public bodies were failing to address the
problems of racial discrimination and inequality; this was highlighted by the
inquiry into the murder of Stephen Lawrence.
The legislation helps ensure public authorities become more accountable to the
people they serve and allows everyone the opportunity to give their views about
the services that affect them. That means it helps provide the kind of public
functions and services all of us need, want and deserve as well as helping to
further equality of opportunity and better race relations.
The duty to promote race equality is commonly referred to as the race equality
duty. This is used as a generic term to refer to the general statutory duty under
section 71(1) of the Race Relations Act 1976, as amended (the Act) and the
various specific duties (including the employment duty) that were introduced by
way of statutory instruments.
The specific duties were introduced to help public authorities to meet the general
duty. There are different specific duties placed on schools and further and higher
education institutions which include:
(1) … before 31st May 2002,
(a) prepare a written statement of its policy for promoting race equality
(referred to in this article as its “race equality policy”), and
(b) have in place arrangements for fulfilling, as soon as is reasonably
practicable, its duties under paragraph (4)
Appendix F – Legislation
It is unlawful to discriminate in employment or training on grounds of religion or
belief:
(2) Such a body shall,
(a) maintain a copy of the statement, and
(b) fulfill those duties in accordance with such arrangements.
(4) It shall be the duty of [such] a body to
(a) assess the impact of its policies, including its race equality
policy, on students and staff of different racial groups;
(b) monitor, by reference to those racial groups, the admission and progress
of students and the recruitment and career progress of staff; and
(c) include in its written statement of its race equality policy an indication of
its arrangements for publishing that statement and the results of its
assessment and monitoring under sub-paragraphs (a) and (b).
(5) Such a body shall take such steps as are reasonably practicable to publish
annually the results of its monitoring under this article.
Race Relations Act 1976 (Amendment) Regulations 2003
The Act was amended again in 2003 with the introduction of new
definitions of
indirect discrimination and harassment, new burden of proof requirements,
continuing protection after employment ceases, new exemption for a determinate
job requirement and the removal of certain other exemptions.
Employment Equality (Religion or Belief) Regulation 2003 The directive protects against discrimination on the grounds of religion and belief
in employment, vocational training, promotion and working conditions. Religion
or belief is defined as being a religion, religious belief or similar philosophical
belief. This does not include any philosophical or political belief unless it is
similar to a religious belief. It is unlawful to discriminate in employment or
training on grounds of religion or belief including:
•
To discriminate directly against anyone. That is, to treat them less
favourably than others because of their religion or belief;
•
To discriminate indirectly against anyone. This is, to apply a criterion ,
provision or practice which disadvantages people of a particular religion or
belief unless it can be objectively justified;
•
To subject someone to harassment. Harassment is unwanted conduct that
violates a person’s dignity or creates an intimidating, hostile, degrading,
humiliating or offensive environment having regard to all the circumstances
and the perception of the victim;
•
To victimise someone because they have made or intend to make a
complaint or allegation or have given or intend to give evidence in relation
to a complaint of discrimination on the grounds of religion or belief;
•
To discriminate or harass someone in certain circumstances after the
working relationship has ended.
Appendix F – Legislation
Exceptions can be made in very limited circumstances if there is a genuine
occupational requirement for the worker to be of a particular religion or belief on
order to do the job or to comply with the religious or belief ethos of the
organisation.
Equality Act 2006
Part 2 of the Equality Act 2006, Discrimination on the Grounds of Religion or
Belief, will come into force on 30 April 2007. The Equality Act 2006 has non-
discrimination to include the provision of goods, facilities and services. As with
the 2007 Sexual Orientation Regulations this means that the relations between
independent student unions or societies and their members are covered by the
legislation so as to outlaw discrimination and victimisation (not harassment) on
grounds of religion and belief.
The Equality Act does contain a broad exemption that allows religious
organisations, which include student societies with a religious purpose, to impose
restrictions on membership, activities and services provided. There are no limits
as to what those restrictions might be, though clearly if they involve restrictions
that touch on sexual orientation or any other protected equality group the other
relevant equality legislation would come into play.
Racial and Religious Hatred Act 2006 The Racial and Religious Hatred Bill received Royal Assent on 16 February 2006
and is therefore now an Act of Parliament. The Racial and Religious Hatred Act
2006 amends the Public Order Act 1986, to create offences involving stirring up
hatred against persons on religious grounds. The legislation ensures that
protection is provided to people against harm because of their religious beliefs or
lack of religious beliefs. The Act came into force on 1 October 2007.
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