ABSTRACT

Other forms of acting to increase the number of applicants from the protected groups are also permissible, for example: advertising not only in traditional outlets but also in black newspapers; sending careers information specifically to schools with a substantial black population; and notifying employment agencies that applications from women or black people are particularly welcome. It is here hard to see that there

is any male or white victim of discrimination, especially if the targeting is not exclusively aimed at black or female recipients.19 If male or white applicants have in the past predominated, taking action to increase the number of female or black applicants does not involve any less favourable treatment, and no requirement or condition, however widely that be interpreted, is imposed. Furthermore, it is only if the targeting is exclusively aimed that the statutory sections apply and thus need to be satisfied. Employers might wrongly be led to believe that the only permissible encouragement is that falling within the precise wording of the statute.