An alternative approach common in the United Kingdom and elsewhere in Europe is positive action. However, the law in the United Kingdom does allow for membership in a protected and disadvantaged group to be considered in hiring and promotion when the group is under-represented in a given area and if the candidates are of equal merit (in which case membership in a disadvantaged group can be used as a 'tie-breaker'). In the United Kingdom, hiring someone simply because of their protected group status, without regard to their performance, is illegal. Bollinger, held that the University of Michigan Law School could consider race as a plus-factor when evaluating applicants holistically and maintained the prohibition on the use of quotas. In 2003, the Supreme Court of the United States, in Grutter v. In the United States, affirmative action in employment and education has been the subject of legal and political controversy. In some other regions where quotas are not used, minoritized group members are given preference or special consideration in selection processes. Some countries use a quota system, whereby a certain percentage of government jobs, political positions, and school vacancies must be reserved for members of a certain group an example of this is the reservation system in India.

The nature of affirmative action policies varies from region to region and exists on a spectrum from a hard quota to merely targeting encouragement for increased participation. Historically and internationally, support for affirmative action has sought to achieve goals such as bridging inequalities in employment and pay, increasing access to education, promoting diversity, and redressing apparent past wrongs, harms, or hindrances. Affirmative action refers to a set of policies and practices within a government or organization seeking to include particular groups based on their gender, race, sexuality, creed or nationality in areas in which they are underrepresented, such as education and employment.

Preferential treatment law