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In the United Kingdom in the Equality Act 2010 ss. 158-159, the term is used in the context of employment to allow selection of a candidate from an "under-represented" group, so long as he or she is no less than equally qualified compared to another potential candidate that is not from the under-represented group.

European law

  • Treaty on the Functioning of the European Union Article 157(4)
  • Kalanke v Freie Hansestadt Bremen [1995] IRLR 660, [1996] ECR I-03051 (C-450/93)
  • Marschall v Land Nordrhein Westfalen [1997] ECR I-06363 (C-409/95)
  • Re Badeck’s application [2001] 2 CMLR 6 (C-158/97)
  • Abrahamsson and Anderson v Fogelqvist [2000] ECR I-05539 (C-407/98)

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