Discrimination in England and Wales is recognised as the act of treating someone less favourably on unjustifiable grounds.The laws of discrimination in England and Wales was introduced in the 1970's and updated in the 1990's to prevent uncontrolled and entrenched prejudicial attitudes and practices. In the 1960's the common law had developed no restrictions on discrimination and while the law itself did not discriminate, they failed to prevent discrimination against individuals. Legislation on race, sex and later, disability discrimination was introduced to protect individuals, as well as bodies such as the equal opportunities commission and commission for racial equality, and Article 14 ...view middle of the document...
This section helps to combat this. The SDA makes clear that sexual harassment is subject and is any unwelcome physical, verbal or non-verbal conduct of a sexual nature. The RRA also make clear that racist abuse and harassment are forms of direct race discrimination. This is illustrated in the case of Burton v De Vere Hotels 1997, where an employer failed to remove or stop two afro Caribbean waitresses from being harassed with racially offensive remarks by a comedian. The employee was then made vicariously liable under the act.Direct discrimination also applies on the grounds of someone else's prejudice, such as in the R v CRE ex parte Westminster council 1984 where the council withdrew offer of employment to a black man when faced with protests from a racist white workforce, even when they themselves genuinely wanted to employ him. This sends a clear signal to all employees that they are expected to implement equal opportunities policies. The important case of James v Eastleigh brough council 1990 explained that direct discrimination could be considered by asking the simple question: would the complainant have received the same treatment but for his/her (or race)? If the answer is no, then the tort of discrimination has been committed.Section 1 (1)(b) of both acts is indirect discrimination. This tort is aimed at the more subtle forms of discrimination. Indirect discrimination is where a requirement or condition that a group ( sex or race) find harder to fulfil than persons not of that racial group (or gender), the discriminator cannot justify it and it is to the detriment of the group. In the unhelpful case of Perera v Civil service commission 1983 involving statutory interpretation it was interpreted as can the person 'physically' comply with the requirement or condition. However, in the mandler v dowell lee 1983 the House of Lords gave a helpful interpretation that although a Sikh...
