If you are an employee who believes you have been hired because of your character and not your professional ability, or an individual who has lost out on a job opportunity or promotion, you may want to use the help of a lawyer to start a claim.
Contents for Positive Discrimination
What is POSITIVE DISCRIMINATION?
Positive discrimination, or affirmative action, is when you give preferential treatment to a person or group of people, regardless of their skills or experience.
The problem with positive discrimination is that you are giving favoured treatment to someone based on their characteristics rather than their suitability. Improving diversity and equality is a hugely important factor when running a business. However, many businesses find themselves falling into the realm of positive discrimination.
You should know…
1. In a work environment, positive discrimination is most commonly seen during the recruitment phase or when considering who to promote.
2. Employers might be unintentionally practising positive discrimination. Some employers will seek to diversify their workforce, however, could end up discriminating in the process.
POSITIVE DISCRIMINATION KEY FACTORS
Why is positive discrimination a form of discrimination?
It is sometimes easy to blur the lines between positive action and positive discrimination.
- POSITIVE ACTION: I am an employer, and I am going to encourage people from the BAME community to apply for my job vacancy because I believe in equality and diversity.
- POSITIVE DISCRIMINATION: I am an employer, and I am going to hire someone from the BAME community, despite their experience and the experience of the other candidates, because I believe in equality and diversity.
Although both examples were delivered with a seemingly positive tone, the latter example is illegal and discriminatory, because it considers someone’s character over their suitability.
Positive discrimination examples
- Having a quota of how many people to hire from a certain characteristic, for example, an employer hiring more women than men in a bid to promote equality yet making this decision even if the women the employer is hiring are underqualified.
- Promoting someone who is much younger than the rest of the team, even though he is underqualified. This is positive age discrimination.
- Hiring a BAME individual to fill a diversity quota, even though they may be under-qualified for that specific role. This is positive race discrimination.
How can a lawyer help with your case?
The biggest problem with positive discrimination is that it’s quite difficult to prove. Sometimes employers aren’t even aware that they are positively discriminating, because they believe they are trying to be equal and progressive.
While the intentions could be positive, they could also be negative, for example, they might be trying to fill a quota to show that they are diverse and equal.
If you believe that your employer, or someone who you have interviewed for, has practised positive discrimination, you might need a lawyer to help you if you wish to take it further. It’s always better to try and resolve the issue with the employer before you take legal action, but if you do, a lawyer will be with you every step of the way.
You can start by gathering some evidence which proves or attempts to prove, that you have been positively discriminated against. Following this, you and your lawyer can work together to decide what you want your outcome to be, for example, if you want compensation, if you want to take full legal action or If you just want what you were promised in the first place.
Need a positive discrimination lawyer?
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WILLS & PROBATE
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