Positive discrimination

My company has recently promoted a lady to be a head of our department after an annual performance appraisal. This is the first lady to be a head of department in the history of the company and she is very boastful. I have seen the performance appraisal results and noted that I had two points ahead of hers. The company performance appraisal is scaled at 100 points.  Is this promotion not discriminatory?
PP, Arusha

The law requires every employer to ensure that she/he promotes an equal opportunity in employment and strives to eliminate discrimination in any employment policy or practice. Nevertheless, the law allows positive discrimination. Section 7(6) of the Employment and Labour Relations Act, 2004 (R.E. 2019) states that it is not discrimination to take affirmative action measures consistent with the promotion of equality or the elimination of discrimination in the workplace; to distinguish, exclude or prefer any person on the basis of an inherent requirement of a job; or to employ citizens in accordance with the National Employment Promotion Services Act.

You have said that the promoted lady is the first to be a head of department in the history of your company. This reveals that your company has not been either employing or promoting women in the managerial positions, which amounts to gender discrimination. Thus, despite the fact that you earned two points in the performance appraisal, which is not significantly different from what she earned anyway, the company seems to have decided to take an affirmative action to eliminate discrimination against gender in promoting female employees to hold managerial position.

The law further requires an employer to register with the Labour Commissioner a plan to promote equal opportunity and to eliminate discrimination in the work place.