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Friday, June 5, 2009

Introducing Race Discrimination

Race discrimination refers to any type of discrimination in the workplace for reason of color, race, nationality, ethic or national origin. Per the 1976 Race Relations Act an employer cannot discriminate against you for reasons of race. However there is one caveat that states a race may be hired which is called a genuine occupational requirement and in this case it is a job requirement to be of a certain race.
There is also a term called a positive action whereby a group can be hired because over the past twelve months that particular group has been way underrepresented in the work force of the employer or within the local community or the national job grouping and this is not considered race discrimination. Employers are also allowed to provide certain training that is not available to other employees to a specific racial group because they want to encourage this racial group to apply for jobs again because they are vastly underrepresented in that particular workforce.
When some feel they are being discriminated against for reasons of race discrimination they should step back and consider exactly what is happening to them. They must be able to describe it specifically and also how it applies to them. This then will have to be described in detail when an employee decides to file a claim with the Employment Tribunal in the initial Valid Claim Form. However before an employee considers this action they should approach their supervisor or if that is the cause of the problem go to the human relations department. If they are represented by a trade union then of course they should approach the trade union and get assistance and advice. Reading an employee equal opportunity handout or booklet is also a way to begin this journey. It may give help in seeking to begin a grievance process within the company.
The best protection for an employer is to have an official written policy that covers equal opportunity. Also the human resources department may be a first step to protecting an employer against claims of racial discrimination by various parties. If someone complains about being discriminated against for whatever reason an employee should take some action. To begin they must listen to the complaint then try to resolve what is happening. This may include a company meeting that addresses any discriminatory issues so that everyone employed by the company is aware that there are specific rules that must be followed regarding race and sexual orientation. Addressing the issue in a positive way may preclude any further action by that employee.
If the employee doesn't feel they got any resolution talking to human resources or from their supervisor or trade union representative they may proceed with a complaint to the Employment Tribunal. This will be a formal procedure with very specific time specifications and procedures and steps to follow. At an Employment Tribunal the employer will have to have present documents in the company's favor in defense. Witnesses are also allowed to give evidence.

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