By Marcia Ore, 19-Dec-2011 01:00:00
A number of recent cases in the world of sport, particularly football and the trial of those accused of the murder of Stephen Lawrence has bought the issue of race and discrimination into everyone’s consciousness.
The first time the law recognised discrimination on the grounds of race or ethnic origin was in 1965 when the first Race Relations Act made it illegal to discriminate in any public resort such as hotels or cinemas. This was followed three years later when the law was tightened making it illegal to refuse housing, employment or public services to people because of their ethnic origin.
This issue was not address again until 1976 when the law outlawed indirect discrimination, and despite the riots that swept parts of the UK in 1981 legislation which directly impacted on race relations and discrimination was not re-visited. What was considered was the relationship between the police and the black communities with a number of recommendations made by Lord Scarman.
I take my hat off to football because in 1993 the Commission for Racial Equality (CRE) and the Professional Footballers Association started The Lets’ Kick Racism Out of Football campaign, now referred to as Kick It Out.
Unfortunately it took the murder of Stephen Lawrence and the recommendations made by Sir Williams MacPherson before the Race Relations Act 2000 was amended in order to place a duty on most public authorities to eliminate race discrimination, promote equality of opportunity and good relations between all racial groups.
More recently the Equality Act 2010 replaced the Race Relations Act 1976 and the Disability Discrimination Act 1995. One of the most interesting sections within the Act, which applies to the workplace, is Section 40 which states that employers will be liable for acts of third party harassment directed at their employees in the course of their employment; where the employer failed to take such steps as would have been reasonably practicable to prevent the third party from doing so; and where the employer knew that the employee has been harassed in the course of their employment on at least two other occasions by a third party.
Of note to all, employers and employees alike, is that the incidents of third party harassment do not have to have been committed by the same individual on the employee, and that an employer’s failure to deal with alleged harassment could also constitute an act of harassment.
Despite the legislation which exists to protect individuals who are discriminated against on the grounds of their ethnicity it seems it’s a tall order for appropriate action to be taken to comply with these laws. With the increase in the numbers of migrants to the UK, for whatever reason, then the likelihood is that this type of discrimination will remain prevalent for years to come.
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