Where applications are invited for any job, or placement of any kind, but those applicants are restricted to, say, ethnic minorities only, or females only, then those would be examples of positive discrimination, because whites or males wouldn't be allowed to apply. It can be put in a slightly more subtle way, eg.
Contact Kitty Debenham Introduction The recent spotlight on representation of women in senior management in the financial Positive discrimination sector has meant that many people have been refocusing on the distinction between unlawful positive discrimination and positive action which can be lawful.
The law allows for: Positive discrimination discrimination Positive discrimination is generally unlawful: Positive discrimination involves preferential treatment to benefit members of a disadvantaged or under-represented group who share a protected characteristic, in order to address inequality.
Statutory Code of Practice the Code gives as an example: This would be positive discrimination and is unlawful. Exceptions apply in relation to: It may simply involve looking at the profiles of your contractors or making enquiries of others in the sector.
A decision could be based on qualitative evidence, such as consultation with workers and trade unions. An employer can take positive action if the employer reasonably thinks that people with a particular protected characteristic suffer a disadvantage connected to the characteristic, have different needs, or are disproportionately under-represented.
What action can be taken?
An employer can take any action provided that it is a proportionate means of achieving the aim of: Proportionate action The action must always be a proportionate means of achieving the aim. Other relevant factors will include the objective of the action taken, or to be taken, including the cost of the action.
The seriousness of the relevant disadvantage, the degree to which the need is different and the extent of the low participation in the particular activity will need to be balanced against the impact of the action on other protected groups, and the relative disadvantage, need or participation of these groups.
Organisations need to consider: Is the action an appropriate way to achieve the stated aim? If so, is the proposed action reasonably necessary to achieve the aim; that is, in all of the circumstances, would it be possible to achieve the aim as effectively by other actions that are less likely to result in less favourable treatment of others?
Statutory Code of Practice. The Code of Practice does not have the force of law but can be taken into account by tribunals when considering relevant claims before the tribunal. The Code of Practice suggests that such action could include identifying through monitoring, consultation or a review of policies and practices any possible causes of the disadvantage and then: It gives as an example: Some of the key contributing factors are gender stereotyping in careers guidance and a lack of visible role models.
A leading equalities organisation, in partnership with employers in the engineering sector, offers opportunities exclusively to girls and women to learn more about the career choices through a careers fair attended by women working in the profession.
The Code of Practice gives as an example: In line with their equality policy, the employer considers the following action to address the low numbers of ethnic minority staff in senior grades: The programme also encourages the target group to take advantage of training opportunities such as training in management, which would improve their chances for promotion.
A local school governing body seeks to tackle this low participation by offering open days in schools to members of the Bangladeshi community who might be interested in teaching as a profession.
This would be a form of positive action to encourage participation. Supporting the television broadcasting industry the EHRC gives examples of: A casting agency has data showing that older women artists on its books receive fewer bookings than younger women and similarly aged men.
The agency decides to increase the visibility of older female artists by displaying a higher proportion of their profiles in its marketing literature and on the homepage of its website. An agency which provides sound and lighting engineers posts all of its work opportunities on a web-based bulletin board.
The agency discovers that some of its female contractors with young children find it difficult to be posted on multi-day shoots far from home so it decides to also send an email detailing work within a particular geographical radius to its female contractors who have recently returned from having a baby.
A production company has employed very few people from ethnic minorities in the past decade. It establishes a paid internship scheme to provide experience and training for ethnic minority applicants aspiring to work in certain roles, so that they are able to compete on merit when roles become available.
It gives the following examples of lawful positive action: For example, the company may want to secure a longlist which contains a certain proportion of candidates from under-represented groups.
However, when setting such targets, the company must ensure that they are realistic and make clear to the executive search firm that it must not unlawfully discriminate against potential or actual candidates in trying to achieve them.Positive discrimination addresses employment discrimination because of race, sex, age, religion, or disability.
It guarantees fair representation in the workforce to classes of people who might have been underrepresented in the past. Positive discrimination definition: Positive discrimination means making sure that people such as women, members of smaller | Meaning, pronunciation, translations and examples.
Jun 09, · Positive Discrimination Why Is A Good Bet Bnews Journal 12 Ageism - Wikipedia Ageism (also spelled "agism") is stereotyping of and discrimination against individuals or groups on the basis of their age.
Mar 31, · Positive discrimination. Positive discrimination is generally unlawful: unless a statutory exception applies, or ; except in relation to disability discrimination.
Positive discrimination involves preferential treatment to benefit members of a disadvantaged or under-represented group who share a protected characteristic, in order to address inequality. Positive discrimination definition at kaja-net.com, a free online dictionary with pronunciation, synonyms and translation.
Look it up now! FEATURE-POSITIVE DISCRIMINATION. By. Nugent, Pam M.S. - May 11, a go or a don't go procedure of discrimination that is based on a distinctive feature of one or two similar stimuli where the feature is part of the positive or the go stimulus.