The positive action provisions came into law as part of the Equality Act 2010 and have been available to use from 6 April 2011. The provisions give employers the option, when faced with two or more candidates of equal merit, to choose a candidate from a group that is under-represented in the workforce.
Two separate guides have been produced to help employers to understand how they can use new positive action provisions to improve diversity in their workforce when recruiting and promoting candidates:
About the positive action provisions
On 1 October 2010, general positive action provisions came into force. These replicate provisions in earlier legislation and allow employers to target measures such as dedicated training to groups, such as women or people from ethnic minorities, who are under-represented or disadvantaged in the workplace, or to meet their particular needs.
The remaining positive action provisions, relating specifically to recruitment and promotion in employment, come into force on 6 April 2011. The Act protects people from being treated less favourably because they have a protected characteristic. The relevant protected characteristics in employment are:
• age
• disability (see page 10)
• gender reassignment
• marriage and civil partnership
• pregnancy and maternity
• race (including ethnic or national origins, colour and nationality)
• religion or belief (including lack of belief)
• sex
• sexual orientation
Positive action applies to all these protected characteristics. Positive action provisions mean that it is not unlawful discrimination to take special measures aimed at alleviating disadvantage or under-representation experienced by those with any of these characteristics.