-si- Depends who ‘they’ is. Different laws in different countries currently. In the UK, for example, it’s legal if you have two job candidates of the same capability to give the job to a candidate from a protected group (e.g. an ethnic minority group) purely on the basis of their group status. In South Africa, it includes the use of pre-determined quotas in companies, sports teams or educational institutions.
For the record, I’m in favour of affirmative action, but think it’s poorly implemented in many societies. And whilst a vast majority of my circle of friends is white, those that are not aren’t looking for dramatic apologies and shoe kissing. They just want to be given a fair fucking chance.