Positive action is measures that usually constitute discrimination but which are justified when achieving the purpose of an effective equality between people of the society. Positive action regarding gender is regulated in primary law, secondary law and case law of the EU whereas positive action regarding other discrimination groups is regulated in secondary law and negligible regulated in case law.

There is a boundary between positive action and discrimination. Primary law gives little guidance on determine that boundary. Secondary law provides more advanced guidelines of how to determining were the boundary is.

When determining were the boundaries lays between positive action and discrimination the guidelines given by the European court of justice in case law can be used. The majority of these guidelines are focused on positive action regarding gender. May these guidelines be used as an analogy to determining whether or not positive actions regarding the other discrimination groups are justified or not?

What constitutes de lege lata regarding positive action and is change required from a de lege ferenda perspective? Will de lege lata fulfill the aim of a full and effective equality between the people within the working life?