To its critics positive discrimination is a set of benefits and privileges reserved for minorities. BAME inclusion events and initiatives designed to encourage BAME job applicants are frequently found in the firing line. It’s a pretty dynamite topic which evokes feelings of victimisation, unfairness and inequity and can stunt enthusiasm for diversity in the workforce. Is it lawful? This is all a great shame given that contrary to popular belief as evidenced from the twittersphere and tabloid newspapers, positive discrimination is both uncommon and unlawful. The Equality Act 2010 section 159 did introduce a new concept of positive action , on the other hand, and the distinction is more than semantic. In short, where an employer runs a recruitment exercise and: is faced with a choice between equally qualified candidates; where one or more of the candidates possesses a “protected characteristic” (which includes, but is not limited to, being black); and where people with t...
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