Artificial Intelligence (AI) has been shown to perpetuate biases, leading to the marginalisation of minority groups. In the United States, anti-discrimination laws mandate affirmative measures and European legislation, such as the European anti-discrimination law, the Race Directive and the Framework Convention for the Protection of National Minorities, prohibit discriminatory practices and encourages institutions to implement positive actions. Ensuring that AI Tools in Education (AITED) does not replicate discrimination is a legal requirement at both the European Union (EU) and in the US. This paper examines approaches to developing affirmative tools in education, focusing on the European context. The research question is: How can an educational tool for coding be designed to promote equality, equity, and legality. Initially, we review existing research indicating that factors such as sex, ethnicity, and race influence students’ learning progress. We then explore the possibility of creating an affirmative educational tool for teaching coding fundamentals, concentrating on minority groups defined by sex, race/ethnicity, and religion, as recognised in European anti-discrimination Law. Educational institutions are legally obligated to address the needs of these groups, ensuring equal learning opportunities to prevent indirect discrimination. Utilizing Political Economy Analysis (PEA) and Critical Race Theory (CRT), we propose a design approach for an educational tool offering three distinct learning variants. The first variant, the contextualized path, supports learning within a humanistic framework. The second variant, the confirming path, is designed to be sensitive and supportive. The third variant, the conventional path, serves as a traditional approach for comparative purposes. The tool development process involves engaging the target groups. By designing an educational tool with varied learning paths, we aim to create a more affirmative, inclusive, equitable, and modern AITED that complies with European anti-discrimination Law and related regulations.