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Race Relations (Amendment) Act 2005

All racial groups are protected from unlawful racial discrimination by the Race Relations Act (1976) and the Race Relations Amendment Act (2000) (RRAA).

Definitions

A racial group is defined by race, colour, nationality and ethnic or national origins. All racial groups are protected from unlawful racial discrimination.

Direct Discrimination

This occurs if on racial grounds a person treats another person less favourably than he would treat someone else.

Indirect Discrimination

The meaning of indirect discrimination (the term is not used as such in the Act) is complicated because there are in fact two regimes to consider. The first occurs when:

  • a person applies a requirement or condition which he applies equally to persons not of the same racial group.
  • which is such that the proportion of persons from that same racial group who can comply is considerably smaller than persons who are not of that racial group.
  • s/he cannot show that the requirement or condition is justified irrespective of the colour, race, nationality or ethnic or national origins of the person to whom it is applied, and
  • it is to that person's detriment that s/he cannot comply

Harassment

A person subjects another to harassment where, on grounds of race or ethnic or national origins, s/he engages in unwanted conduct which has the purpose or effect of violating that other person's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Conduct shall be regarded as having this effect if, having regard to the circumstances (including the perception of the person affected) it should reasonably be considered as having that effect.

Victimisation

It is unlawful to treat a person less favourably because s/he has:

  • brought proceedings under the Act;
  • given evidence or information connected with proceedings brought by another person;
  • done anything under the Act in relation to the discriminator; or
  • made allegations that a person has committed an unlawful act of racial discrimination.

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