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Is the law confusing around positive action and diversity in the private sector?

February 25, 2022

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Diversity in the workplace is unanimously agreed to be a good thing, but the law governing routes to achieving this is less favourably regarded.

The Equality Act 2010 allows employers to take positive action (which is lawful), but does not allow positive discrimination (which is unlawful).

Positive action is based on the view that under-represented groups should be given equality of opportunity to overcome disadvantages they face. Positive discrimination is treating a person more favourably because of their protected characteristic(s).

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