Dear all
I am appending below, with their permission, the latest responses from the
CRE concerning my query about the publisher wishing to contact Somali people
to obtain their stories (note: my earlier comments were based on a different
email, not included in this set as it was from a different respondent who I
have not had chance to ask permission).
It seems the question of whether the request for only Somali people to
respond could be illegal depends on
a) whether or not they will paid for their contribution (if yes, this would
be covered by employment law etc.) and
b) whether or not the request could be argued to meet the Genuine
Occupational Requirements (GOR).
The CRE person has kindly cited "the chapter and verse" of the legislation,
so if interested, please read on below...
Regards, Deb
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-----Original Message-----
From: Agnes Namoh [mailto:[log in to unmask]]
Sent: 04 September 2006 12:02
To: [log in to unmask]
Subject: RE: The Race Relations Act 1976, as amended (*the Act*): Somali
Voices
Dear Ms Viney
By all means, you may also refer them to our website: www.cre.gov.uk for
further information about advertisements.
Kind regards
Agnes
>>> "Deborah Viney" <[log in to unmask]> 04/09/2006 10:25 >>>
Thank for your response. This matter has generated much discussion on our
national HEEON email list, would you be prepared to allow me to circulate
your full response so that others may see it for themselves please?
Regards, Deb
-----Original Message-----
From: Agnes Namoh [mailto:[log in to unmask]]
Sent: 31 August 2006 16:59
To: [log in to unmask]
Subject: RE: The Race Relations Act 1976, as amended (*the Act*): Somali
Voices
Dear Ms Viney
Thank you for clarifying your query. If you are just making a request to
people of Somali descent to contribute to a Somali project without
remuneration, that will be OK since such a request will not be a regulatory
activity under the Act. The Commission's work involves supporting
individual complaints of discrimination in areas of employment, education,
housing, public functions, and the delivery of goods facilities and
services. An advertisement inviting Somali people to contribute to Somali
folklore is not covered by the Act because other racial groups will not
suffer a detriment by it.
However, if invitees will be paid for their contribution (that will be
employment to persons of a particular racial group), such act of
discrimination is likely to be unlawful under Section 29 of the Act (please
refer to previous e-mail). Nonetheless, it might be exempted under Section
4A of the Act.
Section 4A of the Act is an exception for genuine occupational requirement
(GOR). The GOR provisions permits an employer to discriminate in the
appointment process where the 'nature of the [job] or the context in which
it is carried out' means that being of a particular race, ethnic or national
origin is a 'genuine and determining requirement' and it is 'proportionate
to apply that requirement'. Of course, only people of Somali heritage can
make a meaningful contribution to such a project.
I hope this now addresses you query. Please do not hesitate to contact me
if you wish to discuss the matter further.
Kind regards
Agnes
A publication
>>> "Deborah Viney" <[log in to unmask]> 31/08/2006 11:38 >>>
Hello
I think there has been a misunderstanding: firstly, I have already received
a reply from the CRE about this. Secondly, we are not offering employment
or a post, we are being asked to pass on an invitation from a publisher who
wishes to collect the stories of Somali people.
I would appreciate any further comments you may have.
Regards, Deb
-----Original Message-----
From: Agnes Namoh [mailto:[log in to unmask]]
Sent: 22 August 2006 16:01
To: [log in to unmask]
Subject: Fwd: The Race Relations Act 1976, as amended (*the Act*): Somali
Voices
Dear Ms/Mr Viney
Thank you for your e-mail to the Commission about the above query.
By virtue of Section 4 (1) of the Act it is unlawful for a person in
relation to employment by him at an establishment in Great Britain to
discriminate against another in the arrangements he makes for the purpose of
determining who should be offered that employment or by refusing or
deliberately omitting to offer him that employment. Engaging someone from a
particular nationality to do work in this respect is therefore likely to be
unlawful under the Act.
Because you are likely to advertise for the best candidate for the job in
the media, such an advertisement might be in breach of Section 29 of the
Act.
Section 29 of the Act says:
It is unlawful to publish, or cause to be published, any advertisement that
indicates or might reasonably be understood as indicating, an intention by a
person to do an act of discrimination...
However, the advertisement might be lawful if one of the statutory
exemptions applies. Genuine Occupational Requirements (GOR) is a statutory
exemption to unlawful discriminatory advertising.
The GOR provisions permits an employer to discriminate in the appointment
process where the 'nature of the [job] or the context in which it is carried
out' means that being of a particular race, ethnic or national origin is a
'genuine and determining requirement' and it is 'proportionate to apply that
requirement'.
It is therefore necessary for you to show that a Somali national is a
genuine and determining requirement for the post and it is proportionate to
do so, taking into consideration the discriminatory impact on all other
racial groups.
If you would like more information on unlawful advertising please visit the
CRE website: www.cre.gov.uk.
Kind regards
Agnes Namoh
Legal Officer
Legal Services & Enforcement Directorate
Commission for Racial Equality
St Dunstan's House
202-211 Borough High Street
LONDON
SW1 1GZ
Tel: 020 7939 0283 (Ext: 2283)
Fax: 020 7939 0003
E-mail: [log in to unmask]
>>> info 08/08/2006 10:24 >>>
>>> [log in to unmask] 08/08/2006 10:18:58 >>>
Name: Deb Viney
Email: [log in to unmask]
CRE officer or department:
Your comment or question: Hi, I am the Diversity Advisor for the School of
Oriental and African Studies in London. We recently had cause to contact
the EOC and were told that if we were to pass on to our staff / students an
offer from an external body which was open only to one gender, then we could
be liable for a sex discrimination case. Today I received a request which
appears bona fide from a Rabina Khan on behalf of Monsoon publishers to help
them to contact Somali people who might be willing to contribute to a Somali
Voices project they are producing. The project looks interesting and
worthwhile as they are seeking to allow under-represented voices to be
heard. I need to know whether making staff and students aware of an
activity which is open to people of only one nationality would be a problem
under the law? Thanks for your help!
regards, deb viney
Race Convention 2006 - A Catalyst for Change.
Race relations will be the dominant story of this century...
Help set the Agenda Monday 27th and Tuesday 28th November, QEII Conference
Centre, London SW1
www.raceconvention2006.com
Celebrating 30 years of the Commission for Racial Equality and the Race
Relations Act 1976
For more information on the CRE, please visit www.cre.gov.uk
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