Source
r/LegalAdviceUK•
scienner

Why is race treated differently to other protected characteristics wrt housemate ads?

Discrimination

I was posting an ad on spareroom and noticed in their guidance that when you're looking for a housemate, you are allowed to specify (so effectively, discriminate by) against people by age, sex, sexual orientation etc in a way that would not be legal if you were renting an entire property in which you do not live yourself. However, discriminating by race is absolutely not permitted, including when searching for a housemate to live with yourself.

I assume this cuts both ways so for example you wouldn't be able to say have a 'BAME household' the way that I currently see ads for LGBT households or female-only households.

This is reiterated in the guidance here: https://www.citizensadvice.org.uk/housing/discrimination-in-housing/checking-if-its-discrimination/check-if-your-housing-problem-is-discrimination/step-1-check-if-youre-protected-by-the-equality-act/

I'm really curious to learn more about this - how did it come about? Is it due to a legal constraint, or is it about the effects that permitting discrimination by race would have? Has the 'BAME household' scenario ever been tested?

I'm in England.

Posted Jun 21, 2020, 1:37 PM UTC

3019
HildartheDorf•

Because the law explicitly says it's allowed here:

http://www.legislation.gov.uk/ukpga/2010/15/schedule/5

These paragraphs were mentioned in the link you provided, you can look up most if not all uk legislation online to see the letter of the law.

25
sciennerOP•

Thank you, yes! My question was about why, if anyone knows?

10
WhenYouKnowTheReason•

IANAL, but I think the distinction comes from the potential for harm. Women can demonstrate genuine reason for concern about having a random man living with them. LGBT+ people can demonstrate genuine reason for concern about having a random cis straight living with them.

Age seems an outlier here to be honest. I can't see why a 50 something would want to live in a house of 20 somethings. But I also don't see the same element of risk as the above 2 examples.

21
sciennerOP•

I'm not arguing with any of this on an interpersonal level, but, at least that's my understanding of the link I posted, if you're searching for someone to live with yourself, the only characteristic that is protected is race. You have just as much legal right to say you want to live with a man as with a woman, with someone younger or older, Jewish or not, etc.

5
WhenYouKnowTheReason•

Yes, but its a reverse/inverse protection. By allowing "discrimination" by sexuality, you're allowing LGBT+ people to protect themselves by excluding cis straight people if they feel those people might pose a risk.

5
sciennerOP•

Right, so then my query was, why are BAME people not allowed the same? This question has actually been answered by pflurklurk btw!

5
WhenYouKnowTheReason•

Because BAME people don't face exactly the same dangers as other protected classes. In no way trying to suggest that they don't face discrimination and systemic prejudice from sections of society, but there isn't the same safety related argument to be made for BAME people.

5
pflurklurk•

It's historical - the race prohibition was first enacted by the Race Relations Act 1965, and then into the consolidating legislation of the Race Relations Act 1976.

Obviously rolling back what was already the law (even though it had exemptions) would not be a good look.

17
sciennerOP•

Out of interest, would it be technically illegal for a BAME person to look for a BAME housemate?

4
pflurklurk•

In most scenarios, yes - I suppose you could attempt to construct a positive action argument but that would need very strong objective justifications.

6
sciennerOP•

Thanks that's what I thought but wanted to check :)

1
sciennerOP•

Thanks that is exactly the information I was after!

1
Fridgemagnetman•

Legitimate aim. If discrimination serves a legitimate purpose it is not again the Equality Act.

For example a women may not feel safe sharing a house with a strange man and that is perfectly understandable. There can be no legitimate excuse for refusing to share with someone based solely on their ethnicity.

10
sciennerOP•

At least as I've understood what I've read here, if you're searching for someone to live with yourself, you don't need a 'legitimate aim' or any justification. You are allowed to discriminate based on anything, including protected characteristics - except race.

3
Fridgemagnetman•

I think preventing the dangers of mixed genders and religious clashes might be the legitimate aim, its codified into law to save everyone time. Thats my interpretation

3
Resse811•

This confuses me to some degree- I could also see how it would seem more reasonable for a minority to feel safer living with a minority.

3
Fridgemagnetman•

Its not a perfect system, and the line has to be drawn somewhere between reasonable/unreasonable. Plus it was made illegal to discriminate in housing based on race a long time ago and I don't see how anyone could argue that its sensible to unwind that law.

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1
rockchick99•

I imagine it would be at least partially down to how the household will get on living together. Different age ranges may not live well together. To some different genders living together might not work and the same with sexual orientation. The colour of someone's skin should not affect how well the household would get along.

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