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Positive action consists of measures which are targeted at
protected group A protected group, protected class (US), or prohibited ground (Canada) is a category by which people are qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in co ...
s in order to enable or encourage members of those groups to overcome or minimise disadvantage; or to meet the different needs of the protected group; or to enable or encourage persons in protected groups to participate in an activity. In contrast to affirmative action, there is no element of compulsion in positive action. In the United Kingdom in the Equality Act 2010 ss. 158-159, the term is used in the context of employment to allow selection of a candidate from an "under-represented" group, so long as he or she is no less than equally qualified compared to another potential candidate that is not from the under-represented group.


European law

* Treaty on the Functioning of the European Union Article 157(4) *'' Kalanke v Freie Hansestadt Bremen''
995 Year 995 (Roman numerals, CMXCV) was a common year starting on Tuesday of the Julian calendar. Events By place Japan * 17 May - Fujiwara no Michitaka (imperial regent) dies. * 3 June: Fujiwara no Michikane gains power and becomes Rege ...
IRLR 660, 996ECR I-03051
C-450/93
*''
Marschall v Land Nordrhein Westfalen ''Marschall v Land Nordrhein Westfalen'' (1997) C-409/95 is a German and EU labour law case concerning positive action. Facts Marschall was a teacher. He applied for promotion and did not get it and a woman did. The school's rules allowed for ...
'' 997ECR I-06363
C-409/95
*'' Re Badeck’s application'' 0012 CMLR 6
C-158/97
*'' Abrahamsson and Anderson v Fogelqvist''
000 Triple zero, Zero Zero Zero, 0-0-0 or variants may refer to: * 000 (emergency telephone number), the Australian emergency telephone number * 000, the size of several small List of screw drives, screw drives * 0-0-0, a Droid (Star Wars)#0-0-0, dro ...
ECR I-05539
C-407/98


See also

*
Affirmative action Affirmative action (also sometimes called reservations, alternative access, positive discrimination or positive action in various countries' laws and policies) refers to a set of policies and practices within a government or organization seeking ...
*
EU law European Union law is a system of Supranational union, supranational Law, laws operating within the 27 member states of the European Union (EU). It has grown over time since the 1952 founding of the European Coal and Steel Community, to promote ...
* UK employment discrimination law *
Equal Opportunity Equal opportunity is a state of fairness in which individuals are treated similarly, unhampered by artificial barriers, prejudices, or preferences, except when particular distinctions can be explicitly justified. For example, the intent of equal ...
*
Social equality Social equality is a state of affairs in which all individuals within society have equal rights, liberties, and status, possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods and social servi ...


References

{{DEFAULTSORT:Positive Action Labour law Affirmative action Discrimination