Affirmative action refers to measures designed to improve workplace participation and representation for groups that have historically faced disadvantage.
What is affirmative action (special measures)?
In Australia, affirmative action refers to lawful steps employers can take to promote equality and participation for under‑represented groups. Although this term is more common in the US, similar approaches exist under Australian anti‑discrimination laws as ‘special measures.’
Special measures allow employers to take targeted actions to address disadvantage, as long as those actions are proportionate, reasonable and aimed at achieving equality rather than giving automatic preference. They often relate to gender equality, accessibility, cultural inclusion or workforce participation.
Things to know
- The term ‘affirmative action’ is less commonly used in Australia than in some other jurisdictions
- Australian anti‑discrimination law refers to these approaches as ‘special measures’
- Any measures taken must be lawful, reasonable and proportionate to the disadvantage being addressed
- Automatically selecting someone solely because of a protected attribute may be unlawful
- Clear documentation helps demonstrate lawful intent and supports compliance
FAQs
Is affirmative action legal in Australia?
Yes, but it operates under Australian anti‑discrimination law as “special measures”, which allow targeted actions to address disadvantage as long as they are reasonable, proportionate and aimed at achieving equality. Yes, but it operates under Australian anti‑discrimination law as “special measures”, which allow targeted actions to address disadvantage as long as they are reasonable, proportionate and aimed at achieving equality.
How is affirmative action different from positive discrimination?
Affirmative action focuses on removing barriers and improving access for underrepresented groups, while positive discrimination involves selecting someone solely because of a protected attribute, which is generally not lawful in Australia./p>
Can affirmative action affect recruitment or development decisions?
Yes. It may influence outreach, development programs or support initiatives, but decisions around hiring, pay and promotion must still be based on merit and lawful criteria.
Why is documentation important when applying affirmative action measures?
Clear documentation helps demonstrate that measures are lawful, justified and designed to address disadvantage. Accurate records reduce compliance and employee relations risk if decisions are questioned.
