Workplace diversity is on the rise around the world — and for good reason. It is widely recognised that diverse teams are more innovative, better problem-solvers, and better represent their customers, according to repeated studies. Yet amid this growing movement toward inclusive hiring, one question appears to hang in the air: is diversity hiring legal?
The short answer? Yes — when done correctly.
Let’s explore what “diversity hiring” truly is, the legal frameworks surrounding it, and how businesses can maintain inclusion without crossing any lines.
Diversity hiring, however, is not, as some sceptics believe, just about ticking boxes or hiring someone simply because of their race, gender, or background. It’s about:
It’s not about favouritism. It’s about fairness.
To put it another way, if your primary recruitment tactics are producing similar types of candidates over and over again, it could be helpful to think about whether unconscious bias or structural factors are having the effect of limiting your talent horizon.
So, is diversity hiring legal?
Yes. Diversity hiring is legal in much of the world when executed correctly.
But legality lies in the how. Let’s take a closer look:
Making hiring, promotion, or firing decisions based upon a protected characteristic like race or gender
Enacting rigid quotas that prescribe a certain number of hires from designated groups (aside from actual affirmative action programs)
Letting discrimination against individuals who are not from underrepresented groups slide
Inviting those from under-represented groups to apply
Discovering the integrity of diversity-specific job boards
Helpful practices in writing job advertisements
Blind hiring to remove bias from names, schools, or addresses
Providing bias training to hiring managers
Doing something to level the playing field at times when candidates are similarly qualified
Under the 2010 Equality Act, people are protected from discrimination on the basis of “protected characteristics” such as race, gender, age, religion, disability, and others that you cannot hire (or cancel) based on these characteristics.
But affirmative action is permitted — and legal.
If two candidates are equally qualified, you may lawfully choose the one from an underrepresented group in your organisation in order to address inequalities in your workforce. This is called the “tie-breaker” rule per Section 159.
What you can do:
What you can’t do:
In summary, diversity hiring is a legal practice in the UK, so long as it’s conducted fairly and transparently.
Let’s address a few myths:
1. “It’s reverse discrimination.”
Reality: Diversity hiring doesn’t mean exclusively hiring people from minority groups. It means expanding the funnel and eliminating systemic barriers. Everyone still plays fair.
2. “Diversity hiring is lowering standards.”
Reality: Hiring more diversely means broadening where and how you search, not hiring less qualified candidates. It’s about identifying the best candidates, even if they haven’t had access to the same networks historically.
3. “You cannot talk about diversity in a job description.”
The truth: You can and should share your commitment to diversity and inclusion, just don’t frame your ad in such a way that you alienate other people.
Building a diverse talent pipeline is not as simple as wanting the right thing — it entails structured, compliant, and considerate implementation. You want to hire fairly and inclusively, without breaking anti-discrimination laws. Here are core practices that can help you establish that balance.
1. Train Your Team
Before a single job is published or a candidate interviewed, your hiring team must grasp the legal and ethical framework behind diversity hiring.
Unconscious Bias Training: There is no one without biases — the objective is to understand those and mitigate their impact while recruiting. Training can highlight real examples, role-playing, and the way that bias insidiously creeps in to influence our choices.”
Legality: Confirm that your team is educated about the relevant laws, such as the Equality Act (UK), Title VII of the Civil Rights Act (US), or the Employment Equity Act (Canada). Mistakes occur not out of evil intention, but ignorance — don’t let it be so.
Tip: Make this type of training continuous, not a once-a-year checkbox.
2. Audit Your Job Ads
Words matter. How you write your job ads directly informs who you invite to apply.
Eliminate Gendered Language: Words like “rockstar,” “dominant”, or “ninja” can turn women off from applying, while overtly caring language might turn away men.
Use Inclusive Language: Offer statements that encourage applications from “all backgrounds and communities” rather than vague “equal opportunity” phrases.
Accessibility: Ensure all your job ads are screen reader accessible (ditto no jargon) and easy to read.
Bonus: Run job ads through tools like Gender Decoder, Ongig or Textio before publishing to check for biased language.
3. Broaden Your Reach
If you only ever fish in the same pond, you will have the same fish. Broaden your job posting and talent acquisition.
Diverse Job Boards: Websites like DiverseJobsMatter focuses on underrepresented candidates.
Community Partnerships: Reach out to cultural organisations, LGBTQ+ and disability employment networks, and universities serving marginalised communities.
Employee Referrals: Tap into employees from underrepresented groups and have them refer their peers — they have access to networks that traditional recruiting does not cover.
4. Embrace Structured Interviews
Unstructured interviews can easily become breeding grounds for bias. Instead, create standardised processes that ensure each candidate gets a fair review.
Scorecards and Rubrics: “Score” candidates against one another by using the same evaluation standards for all interviews. For instance, rate communication, problem-solving, or leadership skills from 1–5.
Same Questions for All: Make sure all candidates are asked the same questions in the same order — this undercuts gut instinct and “culture fit” bias.
Multiple Interviewers: Have a mix of interviewers to lower individual bias and acquire holistic insights.
5. Create a Culture of Inclusion
Diversity hiring isn’t only about bringing in a broader range of candidates — it’s about ensuring they stay and thrive after they’re brought on board.
Diversity Inclusion On-Boarding: Incorporate DE&I values, accessibility measures, and mentorship programs into your onboarding process.
Employee Resource Groups (ERGS): Allow employees with shared backgrounds at work a safe environment to connect, share and develop.
Regular DE&I Audits: Collect data on hiring, promotions, pay equity and turnover by demographic in order to identify systemic gaps — and then act on them.
Related Reminder: You’re not gonna just hire for diversity and ‘be done’ — it’s the inclusion that is the long game of equity and belonging.
Diversity hiring isn’t merely legal — when it’s done with intention, fairness, and transparency, it’s one of the smartest things your company can do. Diverse teams are better performers, they adapt more quickly, and they drive innovation. And, more importantly, they mirror the world we live in.
You are not lowering the bar — you are opening the door.
Copyright 2022 © Owen Reed Ltd.
