What is positive discrimination in the workplace?
While the Equality Act 2010 offers no definition of positive discrimination, it essentially refers to the automatic favouring, without proper consideration of merit, of under-represented individuals from minority groups over individuals in majority groups. Put another way, it refers to the preferential treatment of a group of people over another because they possess a protected characteristic.
The nine protected characteristics as defined under the 2010 Act are as follows: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; or sexual orientation. Treating one person more favourably than another purely because of a protected characteristic is generally prohibited, unless a strict occupational requirement applies, for example, where a women’s refuge requires all members of staff to be female. Positive discrimination because of a person’s disability is also permitted, where an employer is required to make reasonable adjustments to remove any disadvantage that a disabled job applicant or employee may be facing.