Race discrimination

Eleanor Gelder Editor's message: Race is a protected characteristic under the Equality Act 2010, which prohibits direct and indirect race discrimination, victimisation and harassment. Under the Act, race means colour, nationality or ethnic or national origins.

Dress codes at work often prompt discussion about the risk of race discrimination as certain ethnic groups are subject to strict cultural requirements. Employers that insist on dress rules that contradict the cultural conventions of such groups may be discriminating indirectly against those employees, and need to tread carefully.

Indirect race discrimination, as with any other type of indirect discrimination, can be justified if an employer can show that the application of the provision, criterion or practice creating the indirect discrimination (in this context, the dress rules) is a proportionate way of achieving a legitimate aim.

Ellie Gelder, employment law editor

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