Challenging Race Discrimination in the Private Sector Karon Monaghan Matrix Chambers

Introduction Protecting against discrimination at work: The legislative scheme  Complexity and inconsistency  The Race Relations Act 1976  Disadvantage – the statistics  The Equalities Review

 A law is an unequivocal declaration of public policy   A law gives support to those who do not wish to discriminate, but who feel compelled to do so by social pressure  A law gives protection and redress to minority groups  A law thus provides for the peaceful and orderly adjustment of grievances and the release of tensions (Race Relations Board [1967]) The History

 The Race Relations Act 1976 – normative and remedial  Scope  Definitions  The Race Relations (Amendment) Act 2000  The Race Relations Act 1976 (Amendment) Regulations 2003 The Race Relations Act 1976

 Comprehensive  Individual remedies  Complex  Limited/no funding  Poor success rate  Absence of private sector duty Strengths and Weaknesses of the Present Model

Legislative Change  Private Sector Duties  Fair Employment and Treatment (Northern Ireland) Order 1998  Resistance to Legislative Change

 Better Regulation Task Force  Task Force on Race Equality and Diversity  Public Procurement (Contract Compliance)  Moving towards a modern concept of equality Non Legislative Change