As mentioned earlier there is no concept of "positive" discrimination. It's just unlawful discrimination.
Positive discrimination is allowable in cases of disability.
Under the Equality Act 2010, an employer can lawfully treat job applicants or employees who are disabled more favourably because of their disability than non-disabled candidates or employees.
Employers must understand the differences between positive discrimination and positive action, and how these impact fair and lawful workplace practices and cultures.
www.davidsonmorris.com
There other cases when positive discrimination is lawful, as you mentioned earlier.
But the more modern definition of Positive Discrimination has come to mean unfair or unequal discrimination.
Originally (prior to 2010) it related to equally qualified and suitable applicant being given preference based on their protected characteristic.
This is what Positive Action has now come to reflect, but perhaps gone further.
From TFL's diversity and inclusion data, they don't even have an argument for "positive action/discrimination".. But you could argue thats because of schemes like this.
"At TfL, 32.4 per cent of our workforce is from a Black, Asian or minority ethnic background. This is in comparison to London, where this figure is 43 per cent, with 36 per cent of economically active Londoners coming from Black, Asian or minority ethnic communities."
You've just refuted your own argument.
it's perfectly acceptable to untilise Positive Action so that your workforce reflects your customer base.
I think this is where they may come unstuck. It looks like they have suffered "group" contributor syndrome. one person creates the bursary, another the job description and someone else the opportunity statement. Linking them all together is problematic. There is a strong indication that not only will white non-disabled males not be able to win the role, but that the successful applicant will be fast tracked.
Entry requirements:
- From Black, Asian or other minority ethnic backgrounds and/or
- People with a disability (as defined by the Equality Act 2010) and/or
- Individuals from a disadvantaged socio-economic background
- A graduate with, or an undergraduate on track to achieve, a minimum 2:2 in any degree, or
- A non-graduate with no more than one year’s paid experience in the communications industry such as public relations, public affairs, marketing, stakeholder engagement, media, or other related fields.
From the OP
Your emphasis on ethnicity is evident yet again. There is only one category that your criteria would fit, and there are two other categories.
So the white male applicant has a 2 out of 3 chance of being successful.
Of course the successful candidate will be fast tracked, that's the idea of the scheme.
Just when I thought you'd be up for reasonable debate, you're back with the allegations again.
Just an observation, and not intended to be insulting. Quite the reverse, it might encourage some introspection.
I make no judgement on the goal or merit, simply that it is unlawful to discriminate against anyone's protected characteristics
Not all discrimination is unlawful.
A highly qualified male would be discarded for an unqualified female in a women's refuge.
But that's not discrimination against a protected characteristic, that's discrimination because of a protected characteristic.