Originally published here.
Key Points
Migrants may experience discrimination for different reasons, some of which also affect UK-born ethnic minorities. This can be due to characteristics such as ethnicity and race, but also factors that particularly affect the foreign born, such as having a foreign accent or foreign qualifications.
In 2018, non-EU born migrants were over twice as likely to describe themselves as members of a group that faces discrimination because of nationality, religion, language, race or ethnicity, compared to EU-born migrants (19% vs. 8%). However, there was a sharp, temporary increase in EU migrants’ perceptions of discrimination around the time of the EU referendum, in 2014-16.
Adult children of migrants who were born in the UK are much more likely to perceive discrimination against their group than migrants themselves (32% vs. 16% in 2016-18).
In 2016-2018, the share of migrants perceiving discrimination against their group was similar in Great Britain (16%) to in other EU-14 countries (17%). Among children of migrants, however, the share perceiving discrimination was higher in the UK than in other EU-14 countries (32% vs. 21%).
The majority of the foreign-born population (72%) think that the UK is hospitable or welcoming for migrants, and that migrants can get ahead if they work hard (91%).
About 13% of the foreign-born population said that they had been insulted because of their ethnicity, nationality, religion, language or accent.
Both British and international evidence suggests that ethnic minorities are discriminated against in hiring decisions irrespective of the country in which they were born or received their education.
Understanding the Evidence
Measuring harassment and discrimination
Discrimination is typically defined as the unfair or unjust treatment of people on the basis of certain characteristics, such as their ethnicity, national origin, sexual orientation or religious beliefs. In this briefing, we focus on discrimination on the grounds of ethnicity, race, nationality or national origins, and religion, which may affect people with a migrant background. Discrimination is often difficult to observe and measure directly: people do not always realise if they have been discriminated and on which grounds, while those who discriminate against others will often not admit it, whether because discrimination can be illegal or because they discriminate unconsciously. As a result, researchers often rely on surveys, where respondents report their perceptions of discrimination or whether they feel that they have personally experienced discrimination; or on field experiments, where, for example, fictitious applications are sent to real job vacancies, varying only applicants’ ethnicity or country of birth. This briefing presents both types of data.
It is important to acknowledge that people’s perceptions and reporting of discriminatory behaviours is inherently subjective (Auer and Ruedin, 2019). People might have different ideas of what discrimination is; for example, people living in countries with more effective anti-discrimination policies may be more aware of discriminatory behaviours (Ziller, 2014). Also, not everybody is equally sensitive to discriminatory behaviours (Steinmann, 2018).
Understanding the Policy
Great Britain was one of the first countries to pass anti-discrimination legislation in Europe. The Race Relations Act 1965, which prohibited discrimination in public spaces on the grounds of colour, race, ethnic or national origins, was the first legislation of this kind in the UK. The Equality Act 2010 replaced previous anti-discrimination laws (Sex Discrimination Act 1975, Race Relations Act 1976 and Disability Discrimination Act 1995) with a single Act. The Equality Act 2010 legally protects people from discrimination at work, in education, as a consumer, when using public services, when buying or renting property, and as a member or guest of a private club or association. Similarly to past anti-discrimination laws, the Equality Act 2010 only applies in England, Scotland and Wales.
The Equality Act 2010 makes it illegal to discriminate anyone because of age, gender reassignment, marital status, being pregnant or on maternity leave, disability, race (which includes colour, nationality, ethnic or national origin), religion or belief, and sex or sexual orientation. These are all considered protected characteristics. Race discrimination under UK law refers to any discrimination on grounds of colour, nationality, ethnic or national origin, and thus includes discrimination against people because of the fact that they are a migrant.
Under UK law, discriminatory behaviours are classified in different ways. This includes: direct discrimination (treating someone with a protected characteristic less favourably than others); indirect discrimination (putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage); harassment (unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them); or victimisation (treating someone unfairly because they have complained about discrimination or harassment). It is legal to take positive action if people with a protected characteristic are at a disadvantage, have particular needs or are under-represented in an activity or type of work.
An international comparison through the Migration Policy Index (MIPEX), found that the UK had one of the most favourable anti-discrimination policies in Europe in 2015. MIPEX measures policies to integrate migrants in all EU Member States and other Western countries, examining 167 indicators across multiple policy areas, one of them being anti-discrimination.
On the other hand, there are some areas of UK immigration law which analysts have argued are likely to encourage or facilitate discrimination against migrants, especially where landlords, employers and others are not fully aware of their legal obligations. For example, a High Court decision in 2019 (Joint Council for the Welfare of Immigrants v Secretary of State for the Home Department, 2019) found that government’s Right to Rent scheme, which involve landlord checks on their tenants’ immigration status, encouraged discriminatory behaviour and was incompatible with the Human Rights Act 1998.
There are other situations where differential treatment of some migrant groups or foreign nationals is not unlawful. For example, most non-UK citizens with settled status are not allowed to vote in general elections; immigration rules specify that people from some countries can follow different rules (e.g. only certain nationalities such as Australians and Canadians are eligible for youth mobility visas). These situations are sometimes described as unfair or discriminatory, though most democratic states have such laws. In this briefing, we focus on types of discrimination that are most likely to be unlawful, i.e. discrimination by individuals such as employers or members of the public.
You can read the complete article here.