Occurs when a person applies a requirement or condition, which is such that the proportion of persons from the same racial group who can comply is considerably smaller than persons who are not of that racial group, and it cannot be shown that the condition is justified irrespective of the racial origins of the person concerned. It is, therefore to that person's detriment that he/she cannot comply.

Is described as "the collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin: it can be detected in processes, attitudes and behaviour which amounts to discrimination through unwitting prejudice, ignorance, thoughtlessness and racial stereotyping which disadvantages minority and ethnic people".