Racial Discrimination - An Overview

Published: 23rd February 2011
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Racial Discrimination can happen to anyone at anytime. Whether you are buying some lunch, going for an interview or talking to a policeman, you could suffer from some form of discriminatory behaviour. When discussing racial discrimination at the workplace or in education, the first thing we need to understand is that racial discrimination is not the same as racial abuse. Racial abuse is when someone is attacked or threatened because of a their race, and is considered a crime which can be reported to the police. Racial discrimination iis a much more assiduous phenomenon that occurs when a person is treated more negatively then a person of different race who is in a similar position. This kind of discrimination is the logical next step from the racist view that the various races are inherently different because it uses this starting point to suggest that different races should be treated differently as well (either negatively or through preferential treatment).

Racial discrimination can be broadly separated into four main forms; indirect, direct, harassment or victimisation. Indirect discrimination when a situation where rules and regulations that at first seem race-neutral are in fact working to the disadvantage of one or more racial groups. Examples of this kind of indirect discrimination can include dress codes or requirements for employee's first language to be English, because both these act to negatively affect members of certain races.


Direct discrimination refers to more overtly obvious acts of unequal or unfavourable treatment that is based on race. This can range from members of one race receiving obvious preferential treatment to race based jokes to the negative treatment of certain racial groups in the workplace.

Victimisation as a form of racial prejudice occurs when an individual of a certain race continues to be treated differently on the basis of their race, despite having made a complaint about such treatment. So, if a Sikh complains of racial discrimination by a shop steward to the owner but then is denied service by the owner on his next visit, he can say with confidence he is being victimised because of his racial background.

Harassment of a racial nature arises when an individual, or group, uses their behaviour to create an offensive or intimidating environment for a member of a different race. This kind of harassment serves to rob people and groups of their pride and dignity and can even cause substantial emotional and psychological distress.


The Race Relations Act 1976 makes it unlawful to discriminate against any individual or group on the basis of their race, ethnicity or colour. The Act covers the workplace and education, but also everyday things like the purchase of property or goods. Indirect, direct discrimination and victimisation are all considered unlawful by the Act and its subsequent amendments. These amendments have not yet covered the act of harassment and so many harassment claims are simply filed under the banner of direct discrimination. While the Race Relations Act applies to all races the majority of discrimination claims made still come from ethnic minorities, which shows at once just far we have come but how far we still need to go to eliminate this form of discrimination.

I am a legal writer covering advice on topics of law, for further text and similar works visit employment law or contact a solicitor today.

For more legal advice and information, and for free legal resources visit lawontheweb.co.uk.

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