Diversity Hiring vs. Positive Discrimination: What’s the Difference?

With talk and discussions about workplace inclusion growing louder, more employers are beginning to understand the value an of a diverse team — not for its own sake, but for performance, innovation, and sustainable growth.

But in the quest for equity, there is often a mix-up between two tactics: diversity hiring and positive discrimination. Both arise from the same concern for equality, but they are worlds apart in terms of motivation, implementation, and judicial status.

So, let’s unpack them both, their distinctions, and why knowing the difference is crucial to devising a fair, inclusive workplace that really works.

What Is Diversity Hiring?

Diversity hiring is a strategic and ethical recruitment tactic aimed at giving qualified candidates from all backgrounds — regardless of gender, race, age, disability, sexual orientation, neurodivergence, or socioeconomic status — a fair shake in the hiring process.

This doesn’t mean dumbing down standards or hiring simply based on identity. Instead, it zeroes in on the elimination of bias, whether active or passive, to make way for underrepresented groups to thrive.

Examples of diversity hiring in action. Some illustrations of how diversity hiring works include:

• Creating inclusive job descriptions to attract wider talent pools
• Collaborating with various job boards in order to target talent pools that are frequently ignored
• Nothing behind the resume: Anonymization for reducing unconscious bias in hiring
  Educating hiring managers in DEI practices and bias reduction
• Interviewing for skills/competencies instead of “culture fit”

In the end, diversity hiring is about leveling the playing field — that the best person for the job gets it, no matter who he or she may be.

What Is Positive Discrimination?

Positive discrimination, often called “reverse discrimination,” is offering someone special treatment because of a protected attribute (race, gender), regardless of whether it is the most qualified candidate. Though good-natured in intention, such policies can have unfair results. For example:

• Employing an inferior candidate in order to fulfill a diversity requirement
• Hiring based on identity, rather than merit
• Discriminate against the majority of candidates without due process

In most places, positive discrimination is illegal. They should not favour someone just because they are from an underrepresented group – under the Equality Act 2010, it is illegal. The only exception is for absurdly exceptional cases (think the genuine occupational requirement).

Instead, positive action is lawful and actually encouraged under UK law. This might mean doing things such as providing targeted training, encouraging a diverse group of candidates to apply, or implementing outreach programs, as long as hiring decisions are ultimately made based on merit.

Why This Matters

On its surface, the line between diversity hiring and positive discrimination appears thin. But in practice, the gulf is enormous, particularly where fairness, trust, and the law are concerned.

Here’s how they differ:

Diversity hiring evaluates all candidates on a level playing field by removing roadblocks and granting access to opportunity. It centers on improving recruitment systems and culture to attract better and support diverse talent, but not at the expense of anyone.

Positive or reverse discrimination, on the other hand, tips the balance in one group’s favour, at the expense of the other. It can cause resentment among employees, harm the employer brand, and even spark legal problems.

For example:

Take two finalists for a senior position. One has a decade’s experience, stellar references, and a good track record in interviews. The other has five years of experience and is from an underrepresented group. If the second candidate is hired due to their identity and not on the merits, which are not comparable at all, that would likely be positive discrimination.

What You Can Do:

Commit to taking positive action

But there’s thankfully another strong action companies can take to improve representation — legally and effectively — and that’s positive action. Here’s how:

Develop a talent pipeline: Work with universities, training programs, and non-profits to back people from underrepresented backgrounds. Develop programs that help diverse employees develop into leaders

Outreach and representation: Advertise jobs in spaces designed for a certain group or community

Fair tiebreakers: If two candidates are neck and neck, preference can be given to a candidate from a disadvantaged group — but only if all other things are truly equal. These steps can help your hiring process be fairer, without crossing legal or ethical bounds.

Diversifying and opening up the clinical research enterprise is not a fad but a responsibility. But it matters how it is done.

Diversity hiring is about creating fair systems, bringing in a wider range of talent, and refashioning all rules to ensure the most qualified people will flourish.
Next, positive discrimination also risks pandering to one type of discrimination with another. It’s not the solution — and in many cases, it’s not even legal.

This is the guiding principle at the heart of inclusive hiring: everyone should have an equal shot, not a head start. The best results occur when we ask about potential, skill,s and support — and not identity alone.

Need help executing a legal and effective DEI strategy?

At Diverse Jobs Matter, we enable UK employers of all shapes & sizes to create inclusive hiring that works. Our mission is to give people and companies the tools they need to hire & interview applicants who face barriers to employment, from outreach targeting and CV help to non-discriminatory job board listings.

Contact us today, and here’s to taking the first step toward building a truly diverse and inclusive team — the right way.