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Feminism: Sex and gender discussions

Positive discrimination

29 replies

respectmysex · 19/12/2022 14:31

Person specification

We are taking positive action to encourage applications from people of colour (PoC) and other racially minoritised communities, trans, non-binary and/or older people (aged 50+), to improve the representation of colleagues from these communities in our team.

I've seen a job advert on LinkedIn in with the above. Is this legal? As a disabled 40-something white bi woman from a WC background, I thought I already ticked enough diversity boxes. Hmm

OP posts:
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ChopSuey2 · 20/12/2022 03:04

Most job adverts I apply for (NHS forensic mental health) say they welcome applicants from male BME candidates to better reflect the communities we work with. I've got almost every job I've gone for and I'm a white woman.

These kinds of adverts are just saying, "you'd be welcome and we value the perspective you might bring from your life experience". It's not positive discrimination at all. The equality information isn't even submitted to the people doing the shortlisting and all names, DOBs etc are removed so you wouldn't know someone was from a BME background unless there was something in their CV e.g. peer worker at a BME charity

MangyInseam · 19/12/2022 22:30

I don't think ads like this are great either. They give very mixed messages to potential candidates. And I think they tend to lead to people looking for ways to make themselves into a group

Lilithslove · 19/12/2022 21:38

WomanhoodIsABirthright · 19/12/2022 20:11

I don't think these types of ads are ok.

I would assume there was no point applying if you didn't meet at least one of the criteria stated.

Everywhere should have a blind selection process imo.

Just out of interest, are you ok with companies trying to recruit more women to senior positions? If not why are you ok with that and not other groups?

WomanhoodIsABirthright · 19/12/2022 20:11

respectmysex · 19/12/2022 14:31

Person specification

We are taking positive action to encourage applications from people of colour (PoC) and other racially minoritised communities, trans, non-binary and/or older people (aged 50+), to improve the representation of colleagues from these communities in our team.

I've seen a job advert on LinkedIn in with the above. Is this legal? As a disabled 40-something white bi woman from a WC background, I thought I already ticked enough diversity boxes. Hmm

I don't think these types of ads are ok.

I would assume there was no point applying if you didn't meet at least one of the criteria stated.

Everywhere should have a blind selection process imo.

Mynameiselvispresley · 19/12/2022 19:36

LaughingPriest · 19/12/2022 16:54

It is saying: If you thought you won't stand a chance because you are over 50, trans, etc then please don't think that. You stand as much chance as any other applicant.

⬆️ This. It’s making people who aren’t represented in the organisation feel welcome rather than saying others are unwelcome. It’s not uncommon and by itself doesn’t change under- representation as people still need to be appointed on merit.

You feel how you feel, but there’s nothing unlawful or unethical about it. If you want the job apply but maybe you won’t enjoy the role if the culture and values of the organisation aren’t a fit for you.

LadyKenya · 19/12/2022 19:33

respectmysex · 19/12/2022 16:31

I think the wording of this ad makes it very clear I'm not welcome.

No it does not. You are choosing to see it that way.

TwasNiceKnowingYa · 19/12/2022 19:25

Not sure what this has to do with Feminism. Is it a feminist issue? Race issue? Work?

Lilithslove · 19/12/2022 19:13

For example they could be the only 3 people of colour in the whole company if 2000 employees....

Lilithslove · 19/12/2022 19:11

@respectmysex the fact that there are 3 people of colour doesn't mean that they aren't under represented..
Unless you have the wage data by demographic you can't possibly know this.

respectmysex · 19/12/2022 17:40

I've just looked further at the company website and found the profiles for current senior staff. Out of 14, the 3 most senior are people of colour, all have pronouns listed in their bio and 3 are they/them. Judging from their profile photos, 1 is trans. I don't think PoC trans and non-binary are under represented groups at the company, based on these profiles. All of them look young though, so I can see why they would want to attract older candidates.

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Gobbolinothekitchencat · 19/12/2022 17:20

What reasonable adjustments, or additional costs to the employer, would any of those groups require? Wonder why disability isn’t included? Does the company already have a broad representation of various physical or other disabilities? Ones that might incur costs for the employer to make reasonable adjustments. But it is a positive to encourage unrepresented groups to apply, this should be encouraged but why that particular selection? Unless it’s, as I wondered, because the company hasn’t got employees from these groups?

LaughingPriest · 19/12/2022 16:54

It is saying: If you thought you won't stand a chance because you are over 50, trans, etc then please don't think that. You stand as much chance as any other applicant.

Imnobody4 · 19/12/2022 16:54

Beowulfa · 19/12/2022 15:47

My employer states that if a candidate fulfils all the essential requirements (eg qualification/particular experience) of the job spec and have a protected characteristic then they are guaranteed an interview. I think this is a reasonable approach.

We used to do this but specified candidates with a disability, but I can't see the point of including all protected characteristics which is everyone.
You should apply OP if you like the look of the job. We rarely got any applications that qualified anyway. Your chance is exactly the same as if the ad hadn't included that bit.

Ramblingnamechanger · 19/12/2022 16:42

What the hell is non binary, and is saying you are , enough to get you an interview?

Usee8789754 · 19/12/2022 16:38

Lilithslove · 19/12/2022 15:52

Everyone has protected characteristics as everyone has a race and a sex.

This. A white male has various protected characteristics:

Sex
race
Age
Sexual orientation
etc

RedAndBlueStripedGolfingUmbrella · 19/12/2022 16:35

respectmysex · 19/12/2022 16:31

I think the wording of this ad makes it very clear I'm not welcome.

How are you not welcome just because they're trying to encourage others to apply too?!
It doesn't mean you aren't to apply, I read it as you're perfectly welcome to as well!

respectmysex · 19/12/2022 16:31

ErrolTheDragon · 19/12/2022 15:26

Apply then. The wording in an ad may or may not accurately reflect what a company/institution is like in practice.

I think the wording of this ad makes it very clear I'm not welcome.

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TheBiologyStupid · 19/12/2022 16:02

ResisterRex · 19/12/2022 15:13

"Trans" isn't in the Equality Act, nor is "non-binary". "Race" is but "racially minoritised" is not and is a political US import. So no I don't think the whole thing is compliant with UK law.

And the Supreme Court in the US is widely expected to rule affirmative action in college admissions unconstitutional in the very near future.

Lilithslove · 19/12/2022 15:52

Beowulfa · 19/12/2022 15:47

My employer states that if a candidate fulfils all the essential requirements (eg qualification/particular experience) of the job spec and have a protected characteristic then they are guaranteed an interview. I think this is a reasonable approach.

Everyone has protected characteristics as everyone has a race and a sex.

Lilithslove · 19/12/2022 15:51

Positive action is removing barriers that discourage some people from applying. Positive discrimination is actively discriminating against some applications due to their characteristics and is illegal.

Examples of positive action might be widening where you advertise a position so that more applicants of colour might apply, or considering whether a degree is needed for jobs that don't directly use one and updating criteria accordingly.

Beowulfa · 19/12/2022 15:47

My employer states that if a candidate fulfils all the essential requirements (eg qualification/particular experience) of the job spec and have a protected characteristic then they are guaranteed an interview. I think this is a reasonable approach.

ErrolTheDragon · 19/12/2022 15:26

Apply then. The wording in an ad may or may not accurately reflect what a company/institution is like in practice.

respectmysex · 19/12/2022 15:22

What's the difference between positive action and discrimination? Do they need to be actually taking some positive actions to encourage people from their target group to apply? Or is merely stating it in the job advert sufficient?

This job has popped up in my feed because is one I'm qualified for/experienced etc and located near me. I'm looking for a new role at the moment and have never seen anything worded quite like this before.

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ResisterRex · 19/12/2022 15:13

"Trans" isn't in the Equality Act, nor is "non-binary". "Race" is but "racially minoritised" is not and is a political US import. So no I don't think the whole thing is compliant with UK law.

Trisolaris · 19/12/2022 14:47

Positive action is legal. Positive discrimination is not. This is positive action which is covered in the Equality Act 2010