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What equality law means - Birmingham Disability Resource Centre

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Explaining why you are using positive action<br />

Positive action may make people who do not have the particular protected characteristic<br />

feel they have not been treated as well as the people who are the target of the positive<br />

action. It is a good idea for you to explain why you have decided to use positive action.<br />

That involves showing a different need or specific disadvantage or under-representation<br />

and that you are not doing more than is needed and proportionate to tackle those<br />

problems.<br />

The sort of positive action steps you can take when you are<br />

managing people<br />

The sort of steps to consider include:<br />

• Specific facilities or services for people with a particular protected characteristic.<br />

For example:<br />

• Offering additional support from a mentor to a transsexual person who is<br />

undergoing gender reassignment.<br />

• Providing childcare facilities or vouchers.<br />

• If your organisation is large enough, setting up networks for staff who share a<br />

particular protected characteristic.<br />

Remember you will need to consider if such measures are needed and are<br />

proportionate. You should regularly review what you are doing to make sure positive<br />

action is still appropriate.<br />

More detailed information on positive action<br />

<strong>What</strong> you have to show to be able to use positive action<br />

You can use positive action where you reasonably think (in other words, on the basis of<br />

some evidence) that:<br />

• people who share a protected characteristic suffer a disadvantage connected to<br />

that characteristic<br />

• people who share a protected characteristic have needs that are different from the<br />

needs of people who do not share it, or<br />

• participation in an activity by people who share a protected characteristic is<br />

disproportionately low.<br />

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