The basic position is that the substance of previous law making it unlawful in the employment field to discriminate against a person because of race (including colour, nationality and ethnic or national origins) remains unchanged by the Equality Act 2010 (see generally notes at Racial discrimination ). A few anomalies are removed by the new law.

Of course the general changes which outlaw discrimination by association and perceived discrimination apply to racial discrimination as to the other strands of discrimination from 1st October 2010 (see Equality Act 2010/associative and perceived discrimination ). So too does the general rule, applicable to all strands of discrimination, which ensures that what would otherwise be unlawful discrimination is not unlawful if being of a particular race, colour, nationality or of a particular ethnic or national origin is an occupational requirement and is "a proportionate means of achieving a legitimate aim" (see Equality Act 2010/direct and indirect discrimination ).

The naming and numbering of relevant provisions are of course quite different from those used previously (Race Relations Act 1976 is repealed by Equality Act 2010).