Positive discrimination is patronising and can entrench discriminatory attitudes, implying that those with certain characteristics may not otherwise have the skills and knowledge to secure jobs.
Is positive discrimination a problem?
In the UK, positive discrimination is illegal under the Equality Act 2010 as it does not give equal treatment to all. An employer is guilty of positive discrimination if they hire or seek an individual purely based on their protected characteristic, rather than experience or qualifications.
Is positive action good or bad?
In the broadest sense, positive action is a means of achieving more effective equality outcomes for individuals who share a particular protected characteristic and are socially or economically disadvantaged as a result.
Is positive action the same as positive discrimination?
Unlike positive action, positive discrimination is illegal. Discrimination occurs when a candidate is given preferential treatment because of a protected characteristic, or is employed specifically because of a protected characteristic, rather than because they are the most qualified or equally qualified for a role.
Is positive action legal?
Positive action is lawful if it is taken to: enable or encourage people who share a protected characteristic to overcome a disadvantage connected to the characteristic; meet the needs of people who share a protected characteristic where those needs are different to those of people who do not have the characteristic; or.
What are examples of positive actions?
Positive action can be used to encourage particular groups to apply, or to help people with particular protected characteristics to perform to the best of their ability. Examples of its use include: Targeted advertising of jobs. This can be using specific, but not exclusive, media to advertise jobs.
What is positive action policy?
Positive action is a range of measures allowed under the Equality Act 2010 which can be lawfully taken to encourage and train people from under-represented groups to help them overcome disadvantages in competing with other applicants.
When can an employer take positive action?
In recruitment and promotion, taking positive action allows an employer, when faced with two or more candidates of equal merit, to select a candidate from a group that faces a disadvantage or is under-represented in its workforce over a candidate who isn’t from that group to achieve diversity in its workforce.
Is direct discrimination lawful?
Direct discrimination is against the Equality Act 2010. Discrimination which is against the Equality Act is unlawful. This means you can take action in the civil courts.
Is it legal for employer to discriminate during recruitment?
Employers can discriminate if the nature of the work means that it’s an ‘occupational requirement’ for it be done by someone with a particular characteristic. For example, if they need: a male careworker because the person being cared for objects to being given personal care by a woman.
What can I do if I’m being treated unfairly at work?
It might be against the law if you’re being treated unfairly or differently at work because of who you are, such as being disabled or being a woman. If it is, you can complain to your employer or take them to an employment tribunal.
