| Commentary

53 Racial discrimination

| Commentary

53 Racial discrimination

It is unlawful to publish, or cause to be published, advertisements which either indicate an intention or which could reasonably be understood as indicating an intention to discriminate on racial grounds1. There are a number of exceptions2; for example, where belonging to a particular racial group is a ‘genuine occupational requirement’ or a ‘genuine occupational qualification’ for a job being advertised3. Positive discrimination is also permitted4, as are advertisements for clubs where membership is to be enjoyed by persons of a particular racial group defined otherwise than by reference to colour5.

When the relevant provisions of the Equality

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