Positive action and positive discrimination are both strategies used to address historical and systemic disadvantage, but they differ significantly in their legality and approach. The key distinction lies in whether preferential treatment is directly given based on a protected characteristic.
Positive Action: Leveling the Playing Field
Positive action refers to a range of measures designed to encourage individuals from underrepresented groups to apply for jobs, training, or other opportunities. Its aim is to create a level playing field, enabling these individuals to compete fairly. It is generally lawful.
- Focus: Encouraging applications and providing support to underrepresented groups.
- Legality: Generally lawful, especially in countries like the UK, Europe, America, Africa and India.
- Examples:
- Targeted advertising to attract applicants from underrepresented groups.
- Mentoring programs for employees from specific backgrounds.
- Providing training and development opportunities to help underrepresented groups gain the skills and experience needed to advance.
- Offering internships specifically designed for individuals from disadvantaged backgrounds.
Positive action is permissible when employers can demonstrate that individuals from certain groups are underrepresented in their workforce and that they are taking proportionate steps to address this imbalance. Crucially, merit and suitability for the role remain the primary criteria in the selection process.
Positive Discrimination: Unlawful Preference
Positive discrimination, on the other hand, involves giving preferential treatment to someone based on a protected characteristic (e.g., race, gender) even if they are not the best candidate for the job or opportunity. This is generally unlawful in many jurisdictions, including the UK.
- Focus: Preferential treatment based on a protected characteristic.
- Legality: Generally unlawful.
- Examples:
- Hiring a less qualified candidate solely because they belong to an underrepresented group.
- Setting quotas that require a certain number of individuals from specific groups to be hired or promoted, regardless of their qualifications.
- Automatically awarding scholarships to students based on their ethnicity rather than academic merit.
Positive discrimination is seen as unfair and discriminatory because it disadvantages individuals who are more qualified but do not belong to the favored group. It is often prohibited under equal opportunity laws.
Summary Table
| Feature | Positive Action | Positive Discrimination |
|---|---|---|
| Objective | Level the playing field; encourage applications | Preferential treatment; quota-based selection |
| Legality | Generally lawful | Generally unlawful |
| Merit Emphasis | Primary criterion; suitability remains paramount | Secondary or irrelevant; preference given regardless |
| Focus | Creating opportunities; removing barriers | Ensuring representation, even at the expense of merit |
In essence, positive action seeks to encourage diversity while maintaining meritocracy, whereas positive discrimination seeks to enforce diversity, potentially sacrificing merit. The legality of these practices varies by jurisdiction, but the fundamental difference lies in the extent to which protected characteristics directly influence selection decisions.
