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This page was last updated on 13 September 2005
The Race Relations Act does not allow positive discrimination or affirmative action - in other words, an employer cannot try to change the balance of the workforce by selecting someone mainly because she or he is from a particular racial group. This would be discrimination on racial grounds, and unlawful.
However, employers and others can take positive action to prevent discrimination, or to overcome past discrimination. Where over the previous twelve months no-one from a particular racial group, or only very few persons from that racial group, have been doing a certain type of work then it is lawful to offer training only for people from that racial group or to encourage people from that racial group to apply.
For example, an employer with no black supervisors but a high proportion of black assembly line workers, can arrange training for black workers seeking promotion, encourage black workers to apply for vacancies at that grade when advertising vacancies, or print leaflets in relevant minority languages to encourage them to apply.
The aim of positive action is to ensure that people from previously excluded ethnic minority groups can compete on equal terms with other applicants. It is intended to make up for the accumulated effects of past discrimination. Selection itself must be based on merit and treat all applicants equally. The law does not compel employers to take positive action, but it allows them to do so.
Positive action can also be taken by trade unions; by any organisation which provides training courses; and by education providers, who can take positive action by providing for special educational or training needs, such as special classes in English as a second language. It is also lawful to take positive action to meet the special welfare needs of members of a particular racial group, for example a special health screening service for African Caribbeans to detect sickle cell.