The Race for Equality, But How Do We Remove the Hurdles? Affirmative Action Lessons for the U.K. from Canada

• Main Author: Hawkins, Charlene
• Other Authors: Langille, Brian A.
• Language: en_ca
• Published: 2009
• Subjects: Employment; Affirmative Action; 0398
• Online Access: http://hdl.handle.net/1807/18338

The new Equality Bill in the UK attempts to bring domestic law regarding positive action into line with EU norms. The author addresses two key criticisms of the provisions, namely: a) that they allow positive discrimination; and b) that they will be ineffective in practice. It is argued that the first criticism is misconceived; preference of a minority candidate where they are equally as qualified as a male candidate simply recognises that equality is not about treating everybody the same, but having a relevant reason for treating them differently. The second criticism is more compelling. The author recommends that the UK make the transition to a systemic model and impose positive duties on employers in a similar vein to that which has developed in Canada. However, a delicate equilibrium must be achieved; special treatment of women and minorities regardless of merit is not conducive to a society that values diversity.