Report on the Race Relations Act and It's Implications on Business Practices
By: henryt • Essay • 1,802 Words • April 28, 2011 • 1,580 Views
Report on the Race Relations Act and It's Implications on Business Practices
Report on the Race Relations Act and it's implications on Business Practices
Introduction
The Race Relation Act (R.R.A) was established to prevent the discrimination against people on the grounds of race. It's an Act of The United Kingdom Parliament, which also covers the ground of colour, nationality, ethnicity and country of origin. It's "an act to make fresh provision with respect to discrimination on racial grounds and relations between people of racial groups." The act applies in employment, education, training, and provision of goods, facilities and services. There are nine parts to this statutory law. This report will address the Race Relations Act Part I and discuss primarily on Part II, which focuses on the employment in business practices.
Findings
Establishment of the Race Relations Act
The Race Relations Act was first established in 1965 (R.R.A 1965 c .73), a legislation to address racial discrimination in public places. The Race Relation Board (R.R.B) was established for this legislation to handle and investigate into racial discrimination complains. In 1968 a new act, The Race Relations Act 1968 (R.R.A 1968 c.71) was introduced which also saw the Community Relations Commission (C.R.C) set up to enforce new laws and combat discrimination in education. The Race Relations Act 1968 extends to covering racial discrimination in housing and employment as the initial act was described as a weak legislation only covering "discrimination in specified ‘places of public resort.' Race Relations Act 1975 (R.R.A 1975 c.74) superseded the previous two acts and incorporates them together in the new act. It made discrimination unlawful in employment, education, training, and provision in goods, facilities and services. It saw the creation of the Commission for Racial Equality that is a "stronger body with more powers to prosecute." In 2000 it was extended to the Race Relations (Amendment) Act 2000 (R.R.A 2000 c.34) to the police and other public authorities. They are allowed "To amend the exemption under the Act for acts done for the purpose of safeguarding national security: and connected purposes."
Part I- Discrimination
Part I S.1 (1), the Act defines discrimination in four parts, direct, indirect discrimination, victimization and harassment where everyone is to be treated equally. Direct race discrimination is "when a person treats another person less favourably on the ground of colour, race, nationality, ethnic or national origin." Indirect discrimination is when an individual applies a condition or requirement to all individuals irrespective of racial group but to an extent that a smaller proportion of a victims racial group will be able to comply with compared to different racial groups. It cannot be "shown to be justifiable ‘irrespective of colour, race, nationality or ethnic or national origins of a person. S.2 (1) states victimization as "the discriminator" discriminates against another person, the victimized, in any purposes and treats the person less favourably as how he would treat others. Harassment defined in S.3 (1) where on grounds of race or ethnic or national origins he engages in unwanted conduct or effects of violating the person dignity, creating an intimidating, hostile, degrading, humiliating or offensive environment for him. In any way or form that businesses discriminate would lead to fines, compensation or punishment.
Part II- Discrimination in the Employment Field
Section 4 - Subsection 1
Part II S.4 of the R.R.A focus on discrimination in employment field. S.4 (1) states that "it is unlawful for a person, in relation to employment by him at an establishment in Great Britain, to discriminate against another in arrangements for the purpose of determining who should be offered that employment, or in terms in which he offers him that employment or by refusing or deliberately omitting to offer him that employment." Businesses that are looking to recruit must comply with the act and consider all applicants fairly. A case that shows where the employer was not complying with the act is the Johnson v Timber Tailors (Midlands) (1978) case (see appendix). The employment tribunal decided that the Mr. Johnson was discriminated on the grounds of race.
Section 4 – Subsection 2
Businesses are to follow strict regulations that prevent businesses to dismiss an employee unfairly or prevent employees' access to some form of promotions or benefits. Under S.4 (2) "it