When can an individual bring a claim for direct race discrimination?
A successful claim of direct race discrimination may be made where the claimant shows that the Equality Act 2010 has been breached. The Act provides that direct discrimination occurs where, because of race, a person (A) treats another person (B) less favourably than he or she treats or would treat other persons. The Act defines "race" as including colour, nationality and ethnic or national origin. The less favourable treatment does not have to be because of B's own race: it may refer to B's perceived race, whether or not that perception is correct (for example, where B is less favourably treated because A wrongly assumes that she is Irish) or it may refer to the actual or perceived race of someone with whom B associates (such as a partner or spouse).