Steps an employer takes to encourage or support people from a group underrepresented in their workforce, such as targeted outreach or using it as a tie-breaker between equally qualified candidates. It’s different from positive discrimination, which is hiring a less qualified candidate purely because of a protected characteristic, and that remains unlawful.

In practice

An employer choosing between two equally strong candidates and picking the one from an underrepresented group is lawful positive action, not positive discrimination.

Legislation covered
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