Does Equality Act 2010 allow employers who are deciding between two equally qualified candidates to choose a candidate from an under-represented or disadvantaged group because the employer reasonably thinks that people with a particular protected characteristic are disproportionately under-represented in the workplace?

Yes, the Equality Act 2010 allows employers who are deciding between two equally qualified candidates to choose a candidate from an under-represented or disadvantaged group because the employer reasonably thinks that people with a particular protected characteristic are disproportionately under-represented in the workplace. This is known as positive action, and it is a way of addressing the disadvantages suffered by those who share a protected characteristic. The Equality Act 2010 lists nine protected characteristics: age disability gender reassignment marriage and civil partnership pregnancy and maternity race religion or belief sex sexual orientation Positive action is not compulsory, but it is a voluntary provision that employers can use to help create a more diverse and inclusive workplace. Here are some examples of positive action that employers can take: Targeted recruitment: Employers can target their recruitment efforts at under-represented groups. For example, they could advertise in publications that are read by people from those groups, or they could attend job fairs that are aimed at those groups. Training: Employers can provide training to their employees on unconscious bias and how to create a more inclusive workplace. Flexible working: Employers can offer flexible working arrangements to their employees, such as part-time work, job sharing, or remote working. This can make it easier for people from under-represented groups to work, such as people with caring responsibilities or people with disabilities. Positive action can be a valuable tool for employers who want to create a more diverse and inclusive workplace. However, it is important to note that positive action must be done in a fair and reasonable way. Employers must not discriminate against anyone, regardless of their protected characteristics.