(1)A person discriminates against another in any circumstances relevant for the purposes of any provision of this Act if—
(a)on racial grounds he treats that other less favourably than he treats or would treat other persons; or
(b)he applies to that other a requirement or condition which he applies or would apply equally to persons not of the same racial group as that other but—
(i)which is such that the proportion of persons of the same racial group as that other who can comply with it is considerably smaller than the proportion of persons not of that racial group who can comply with it; and
(ii)which he cannot show to be justifiable irrespective of the colour, race, nationality or ethnic or national origins of the person to whom it is applied; and
(iii)which is to the detriment of that other because he cannot comply with it.
[F1(1A)A person also discriminates against another if, in any circumstances relevant for the purposes of any provision referred to in subsection (1B), he applies to that other a provision, criterion or practice which he applies or would apply equally to persons not of the same race or ethnic or national origins as that other, but—
(a)which puts or would put persons of the same race or ethnic or national origins as that other at a particular disadvantage when compared with other persons,
(b)which puts that other at that disadvantage, and
(c)which he cannot show to be a proportionate means of achieving a legitimate aim.
(1B)The provisions mentioned in subsection (1A) are—
(a)Part II;
(b)sections 17 to 18D;
(c)section 19B, so far as relating to -
(i)any form of social security;
(ii)health care;
(iii)any other form of social protection; and
(iv)any form of social advantage;
which does not fall within section 20;
(d)sections 20 to 24;
(e)sections 26A and 26B;
(f)sections 76 and 76ZA; and
(g)Part IV, in its application to the provisions referred to in paragraphs (a) to (f).
(1C)Where, by virtue of subsection (1A), a person discriminates against another, subsection (1)(b) does not apply to him.]
(2)It is hereby declared that, for the purposes of this Act, segregating a person from other persons on racial grounds is treating him less favourably than they are treated.
Textual Amendments
F1S. 1(1A)-(1C) inserted (19.7.2003) by The Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626), reg. 3
Modifications etc. (not altering text)
C1S. 1(1)(b) modified by Employment Act 1989 (c. 38, SIF 43:1), s. 12(1)