What’s the difference between positive action and positive discrimination?

With so many initiatives focusing on equality, diversity and inclusion, we often hear about examples of positive action or positive discrimination in the context of employers’ approaches to increasing representation.

In Personnel Today, Melanie Pimenta, Senior Solicitor at Clarkslegal, discusses ‘positive action’ and what it means for employers.

“Broadly speaking, positive action, which is voluntary, is where employers take proportionate action to achieve more effective equality outcomes for individuals sharing a particular protected characteristic who are disadvantaged or excluded,” Melanie says.

“Section 158 is the general ‘positive action’ provision, enabling employers to take measures that will encourage greater participation from under-represented groups. It can take many forms, including providing a specifically tailored service to a disadvantaged group or including statements in job adverts to encourage applications from under-represented groups.”

Read the full article: Personnel Today

If you have any questions in relation to discrimination, please contact our employment lawyers for employers for advice.

“The Equality Act 2010 says that it is lawful for employers to take positive action, but the law does not allow positive discrimination, but the line between the two often causes confusion.”