Right, so I’ll admit that when I’m writing this I’m emotional. I wasn’t sure where else to go to express and check this. I’ve posted and lurked on here for a while under a different username but want to remain completely anonymous so posting this under a new name.
I work for a big company (I’ll stay vague on which one) which has a Leadership Development Programme for Women and Ethnic Minority people. They are grouped together for the purpose of the programme. We’ve been getting communications about this programme recently but it’s been going on for a while I think. After following the Supreme Court clarification closely, I’ve read up a lot about the law in this space and positive action and I don’t understand how this programme can exist. Surely the programme should be for women or ethnic minority people. In my view, women face very specific barriers to career progression which need to be addressed separately. It does a disservice to both groups and they should split them out.
I checked this with ChatGPT (I’m no lawyer) and it seems to be right:
Even if different groups (e.g. women and ethnic minority groups) each have their own evidence of disadvantage and their own proportionate justification, you still cannot lawfully treat them as a single positive action group. The Equality Act 2010 requires that positive action be based on a specific protected characteristic. Combining different characteristics into one undifferentiated group obscures the legal basis for action, risks unlawful discrimination, and fails the test of legal clarity and proportionality under Section 158.
That accurately reflects what I’ve read on here.
So…I raised it. I was immediately shut down and told that I didn’t understand the law and that so long as there is justification which shows systemic disadvantage for those two groups then it’s okay. This morning I was pulled into a room full of men and belittled and spoken down to. I’m writing this having just stopped crying. I was made to feel stupid in front of my manager who I feel already dislikes me for reasons beyond my control and related to gender. I tried to make it clear that I think the programme is a good idea, the groups should just be split out.
Can any legal experts on here confirm if I’m right in this? I would appreciate any advice on what to do next, although I’m not sure I can continue raising concerns in this kind of environment.