Positive discrimination: positively right or positively mistaken

1
Positive discrimination positively right or
positively mistaken?

• Gay Moon
• Head of the Equality Project
• JUSTICE

2
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.

3
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.

4
When is positive discrimination currently
permitted in law?

• Northern Ireland Police (RUC)
•  Political shortlists in relation to gender
•  Disabled people

5
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

6
How could this be corrected?

• Training
• Selection criteria

7
Contract compliance

• Inclusion of special conditions in public
  contracts to promote public policy objectives
• e.g. equal opportunity requirements

8
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?

9
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 dont
  want charity or hand-outs,
• Majorities feel it is not fair best person
  for the job may not chosen,
•  Risk of backlash,
• Rough justice.

10
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