Extension To Race Discrimination Rights For Deterred Job Applicants

The Issue

A provision, criterion or practice which applies to all

irrespective of race but which puts persons of a particular racial,

ethnic or national origin at a disadvantage (without

justification), constitutes indirect race discrimination.

New Regulations in force from 22 December 2008 have extended

this protection to persons who would be put at a disadvantage by

such a provision, criterion or practice, although employers will

have the usual justification defence to a claim.

The Consequences

Job applicants discouraged from applying for a job, for which

they are qualified, due to an implication that they would be

discriminated against on the ground of their racial, ethnic or

national origin can now bring a race claim against the business,

provided they can demonstrate a disadvantage. (Those not qualified

for the particular post or who do not intend to apply for the job

are not protected).

If selection processes are indirectly race discriminatory,

recruiting businesses seeking to manage a flood of job applications

in response to job advertisements have added risk of employment

tribunal claims from qualified applicants deterred by a part of the

process.

The Solution

Businesses should scrutinise job advertisement content to

ensure it does not deter a section of applicants on racial

grounds.

Businesses must review recruitment policies and selection

processes for any aspect which could discourage on racial grounds a

qualified prospective candidate.

Inclusive language is recommended throughout...