判决理由
Sikhs constitute an ethnic group within the meaning of the Race Relations Act 1976. To qualify as an ethnic group, a community must regard itself, and be regarded by others, as a distinct community by virtue of certain characteristics, of which a long shared history and a cultural tradition of its own are essential.
事实
A Sikh boy was refused admission to a private school because he wore a turban and the headmaster's dress code required all pupils to wear a school cap. His father brought a claim of indirect racial discrimination under the Race Relations Act 1976, arguing that the dress code disproportionately affected Sikhs.
判决摘要
The House of Lords held that Sikhs are an ethnic group for the purposes of the Race Relations Act 1976. Lord Fraser set out the criteria for identifying an ethnic group: (1) a long shared history; (2) a cultural tradition of its own; and other relevant but non-essential factors including common geographical origin, common language, common literature, common religion, and being a minority within a larger community. The 'no turban' rule was held to be indirect discrimination as it disproportionately affected Sikhs and could not be justified.
关键引述
"For a group to constitute an ethnic group it must regard itself, and be regarded by others, as a distinct community by virtue of certain characteristics. Some of these characteristics are essential; others are not essential but one or more of them will commonly be found."
— Lord Fraser
后续处理
Leading authority on the definition of 'ethnic group' in discrimination law. Applied under the Equality Act 2010 which replaced the Race Relations Act 1976.
Applied in Dawkins v Department of the Environment [1993] where Rastafarians were held not to constitute an ethnic group (lacking a long shared history separate from the rest of the Afro-Caribbean community).