Positive discrimination: positively right or positively mistaken?

Gay Moon

Head of the Equality Project

JUSTICE

What is positive discrimination?

Positive discrimination = means employing someone because they come from a particular deprived group in preference to others equally or better qualified. It is currently almost always unlawful.

Positive action = methods designed to counteract the effects of past discrimination and to help abolish stereotyping. It is lawful.

Need to differentiate positive discrimination from positive action

Measures involving positive action allowed by the law include encouraging employees and potential employees who are members of particular groups which are under-represented in particular work.

CRE Example  

An employer with no black supervisors but a high proportion of black assembly line workers, can

arrange training for black workers seeking promotion, encourage black workers to apply for vacancies at that grade when advertising vacancies, or print leaflets in relevant minority languages to encourage them to apply.

When is positive discrimination currently permitted in law?

Northern Ireland Police (RUC)

 Political shortlists in relation to gender

 Disabled people

Can positive discrimination be justified from the point of view of fairness and social cohesion?

Society is deeply divided and unequal

Equalities Review Interim Report examples

At the current rate of change we will… Elect a representative House of Commons 2080 Close the gender pay gap 2085 Close the ethnic employment gap 2105 End the 50+ employment penalty not in this lifetime Close the disability employment gap probably never

How could this be corrected?

Training

Selection criteria

Contract compliance

Inclusion of special conditions in public contracts to promote public policy objectives

e.g. equal opportunity requirements

Questions to be asked

How can we secure true diversity?

How do we combat the present effect of past disadvantage?

Is positive discrimination needed in order to achieve an equal society?

Problems with positive discrimination

Does it choose the best candidate for the job? Minorities chosen can feel patronised and that did not get job on their own merits- they don’t want charity or ‘hand-outs’, Majorities feel it is not ‘fair’ – best person for the job may not chosen, Risk of backlash, Rough justice.

Key components?

Data/statistics to support need for action, Analysis of possible solution, Political will to achieve change, Public support / public communications programme to set out purpose and need for programme, and Clearly defined time limited programme of action