Race Discrimination Flashcards
What does Race include?
s 9:
colour, ethnic or national origin, nationality
What is the difference between nationality and national origin
Nationality refers to citizenship
National origin refers to historical and geographical features that would at some point in time revel the existence of a nation. A connection by birth rather than citizenship of a state.
Give examples where the difference between nationality and national origin was highlighted
BBC Scotland v Souster [2001] - English BBC presenter replaced with someone of Scottish Origin.
Held: discriminatory on grounds of national origin as Scotland and England were once separate nations
There is a difference between nationality and ethnic or national origins
Northern Joint Police Board v Power [1997] - English man applied for post of Chief Constable in Scotland
Held: Was not discriminatory on grounds of nationality as Scotland/England/Wales/Northern Ireland are all classed as British. Was discriminatory on grounds of nationality as they as separate nations
Why is nationality not limited in a legal sense?
Because the citizenship you have at birth can change
Welshmen are considered and ethnic group, but language alone is not a distinguishing factor
Gwynedd County Council v Jones [1986] retirement home in wales refused to employ non-welsh speaking women.
Held: no discrimination on grounds of race as non-welsh speaking people are not a distinct group welsh speaking people.
What case set out what is considered an ethnic group?
Mandla v Dowell Lee [1983]
The term ethnic is wider than race. Ethnic groups are distinct communities that share certain characteristics which include:
long shared history
cultural tradition
common language
common religion different to surrounding community
common literature peculiar to the group
Therefore Sikhs were considered an ethnic group even though they were born in the United Kingdom
What did Mandla v Dowell Lee show regarding race and religion
That there is an overlap between race and religion
If a group is of recent origin they will not be considered an ethnic group
Dawkins v Department for the Environment [1993] - a rastafarian was a van driver and was asked to cut his dreads but he refused and claimed race discrimination
Held: no discrimination on the grounds of race as rastafarians were of recent origins going back only 60 years or so they were not a racial group for the purposes of the Race Relations Act 1976
What else may come under ethnic origins?
Caste
When does someone directly discrimination against someone on grounds of race?
s 13 - when A treats B less favourably than others because of the protected characteristic of race
Give an example case of direct discrimination because of race
Amnesty International v Ahmed [2009] - a Sudanese woman was refused a promotion because it was feared that her ethnicity would compromise the employer’s impartiality.
Held : motive irrelevant and the only thing to be determined is whether there was direct discrimination on grounds of race
R v Commission for Racial Equality [1985] A black man was given temporary appointment which was withdrawn for fear of other employees resigning and taking industrial action if his employment continued
Held: This was direct discrimination. For an employer to give in to such threats would frustrate the purpose of the legislation and the employer should have issued a non-discrimination notice.
Give an example of associative discrimination on grounds of race
Zarczynska v Levy [1979] - waitresses believe she had been dismissed because she had refused to serve a black man at a pub
Held: Even though she was not personally discriminated against she had a right to pursue her claim
What has to be considered by the courts when considering if a PCP is discriminatory for the purposes of indirect discrimination on grounds of race
a) Is the objective of the PCP legitimate?
b) Whether the means to achieve that object were reasonable?
c) Whether those means were justified when balanced between the discriminatory effect it has on the claimant’s racial group and the needs of the employer
Give the main case for indirect discrimination on grounds of race
St Matthias Church of England School v Crizzle [1993]
Roman Catholic Asian applied for a job at Anglican School and was rejected.
Requirements: applicants should be committed communicant christians
Objective: The school needed someone who could lead in spiritual worship
Held: not discriminatory as employer’s objective justified and reasonable even if it was discriminatory to asians.
Health and safety and hygiene justifies indirect discrimination
Panesar v Nestle & Co Ltd - company had policy that employees were not allowed long hair or beards.
Held: This was indirectly discriminatory towards Sikhs and therefore the claimant, but was justified in the interests of hygiene and safety.
