What is Positive Discrimination?

Positive discrimination is a term that can conjure up many disagreements in any given workplace. Some people may wrongly think that employers regularly engage in positive discrimination and are therefore recruiting unfairly. 

When it comes to the hiring of disabled people, this misunderstanding can have significant effects on how disabled people are viewed and treated within the workplace. Some people may incorrectly think that these employees have been hired when other non-disabled people were more qualified, skilled or suited for the job and so something unfair and even illegal has taken place. 

The root of this problem comes from the critical difference between two terms – positive discrimination and positive action. Understanding these two terms and the difference between them is the key to avoiding such disagreements and future problems. 

So, in this blog, we are going to help by clearing up the answer to this question and outlining what positive action is instead. 

What does Positive Discrimination Mean?

Positive discrimination is in fact an illegal practice under U.K. employment law. If an employer was using positive discrimination during their recruitment processes, it would mean that they are employing people on the sole basis of a protected characteristic category they fall into. These categories are outlined by the Equality Act of 2010 and include: 

• Age
• Race
• Disability
• Religion and beliefs
• Sex
• Gender reassignment
• Sexual orientation
• Disability 
• Marriage and civil partnership
• Pregnancy and maternity

In this blog, we are focusing on that of disability. So, if an employer is engaging in positive discrimination with disabled employees, it would mean hiring a disabled candidate out of a pool of candidates simply for the fact they are disabled. For it to count as positive discrimination, it would also have to mean that this candidate was less suitable for the role than others and was really only chosen because of their disability. 

Some employers may choose to engage in such unlawful practices in order to falsely and speedily boost their EDI (equality, diversity and inclusion) figures, gain financial help from certain grants and schemes, and so on. However, this goes against equality and employment law.

What is Positive Action?

When people are referring to the aforementioned practice of positive discrimination, they often mean positive action instead. Positive action is a legal practice and can be executed by employers in order to increase fairness in their EDI figures, close the disability employment gap, and make reparations for certain communities. 

As many people think of positive action as positive discrimination, it holds many people back from accepting the practice and encouraging it in their workplaces. However, positive action is a highly beneficial practice that as many workplaces should adopt as possible. 

Positive action is the process by which employers actively examine their own employment and inclusion figures, source out weak spots, and try to resolve these weak spots via recruiting in an equitable way. To do so, a company needs to take a look at any unconscious bias and discrimination that may already exist in its recruitment processes. Then, they need to implement countering factors and allow for increased support of disabled candidates throughout the process instead. 

Positive Action Criteria

In recruitment held under positive action, a disabled job candidate may be hired over a non-disabled candidate due to the fact they are disabled, however, this decision must also meet the following criteria:

• The candidate is of equal merit to the person not hired
• The candidate has a protected characteristic that is under-represented in the workforce
• People with that same characteristic suffer a disadvantage connected to that characteristic in the workplace, and/or
• The workplace does not typically favour people of the protected characteristic

A less qualified person cannot be unfairly hired over someone more deserving of the job. It can also not be the case that profiling takes place and a company hires only one kind of person. Positive action doesn’t serve to exclude or disadvantage any person or group, it aims to do the exact opposite. 

Why is Positive Action Important?

It is important not to confuse positive discrimination and positive action because positive action is a critical practice that should occur across the country. 

Positive action is important because:

• There is a significant employment gap between disabled and non-disabled people in the U.K. Employers need to make an active effort to challenge this.

• Many recruitment panels and decision-makers have unconscious biases and discriminatory attitudes that need to be addressed so that disabled people have a fair chance at getting the jobs they deserve. 

• Disabled people have to face many hurdles in the world of employment and recruitment. Removing this can help boost the community in many different ways. 

• Disabled people are skilled and valuable workers that deserve their place in the job market. Many disabled people are currently unfairly unemployed and this creates unnecessary skill gaps and shortages. 

• Increasing employment opportunities for disabled people can improve businesses and increase overall productivity and profit. Employing disabled people is good for their employers too. 

It is important to distinguish positive action from positive discrimination. Doing so will provide the benefits of positive practice, creating positivity and well-being at work. 

How We Help with Positive Action at Careers with Disabilities

You can get involved with positive action as either an employer or an employee right here at Careers with Disabilities. 

For employers, we have plenty of guidance and resources to help you learn about being an accessible and disability-friendly employer. Then, you can take this knowledge and combine it with our services for employers to really up your game. These services can help you advertise yourself as an accessible employer and connect with disabled job seekers via our disability-friendly job board. 

For employees, we similarly have a range of advice and support for you to avail of. If you are looking for an employer who does engage in positive action (not positive discrimination), you can find them via our disability-friendly job board and directory of accessible employers. 

A whole new positive world is out there waiting for you.