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positive discriminationThe treating of one person more favourably than another based on that individual’s sex, race, age, marital status, sexual orientation or belonging to any other group that is often treated unfairly or under-represented in the workforce. While positive discrimination takes an individual’s characteristic into account to benefit the individual, such discrimination is unlawful.
Exceptions to positive discrimination
Positive disability discrimination is generally permissible and, in some circumstances even necessary, as in the allocation of seating or parking for disabled persons. Another exception is where positive discrimination can be justified as a “genuine occupational requirement” or “genuine occupational qualification”.