Part of the Equalities act which came into force last year is that it is now possible to use positive action at the point of selection in a recruitment process. On a practical level this means if there are two equally qualified people at the end of the recruitment process, then it is lawful to choose one over the other, if they are from an under represented group. There is a great article by Emma Bartlett explaining this in detail http://www.recruiter.co.uk/positive-action-in-recruitment/1009192.article
This is a key step in encouraging a more diverse workforce, although has inevitably caused strong feelings both for and against.
The “pointless legislation” group see this as over complicated and even “unfair”, as in their eyes it potentially discriminates against groups who are not under-represented eg white males. But surely this is missing the point? It is easy to bemoan anti discrimination legislation when you have not experienced what it is like to be part of a minority group.
If we had a situation where all recruitment was done on merit then we wouldn’t need such legislation – but we don’t!
Even now we come across managers, who ask at interview whether a woman intends to have children, businesses who ask what a candidate’s parents do for a living and we even see interview notes making inappropriate comments about why someone should be hired or not hired – often based on looks or perceived sexual orientation.
We need legislation to drive a change in behaviour and anything that makes our business world fairer is surely worthwhile?

The episode did make good telly, but was a million miles away from good, fair interviewing. Interviewing should be about getting the best from someone, not playing power games and trying to trip candidates up. I really thought those techniques had gone out with the 80’s! 

