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.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:OTU.1807/18338 |
| Date | 26 January 2010 |
| Creators | Hawkins, Charlene |
| Contributors | Langille, Brian A. |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | en_ca |
| Detected Language | English |
| Type | Thesis |
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