Aim: What are the advantages and disadvantages of positive discrimination in relation to employment law?
- Introduction: definition of Positive discrimination
- Theories surrounding positive discrimination
- Legislation time-line
Sandra Fredman: the deliberate use of race or gender conscious criteria for the specific purpose of benefiting a group which has been previously been disadvantaged or excluded on grounds of race or gender.
Gweneth Pitt: Allowing preferential treatment of one group at the expense of another.
In some cases, this means preferential treatment for a candidate who may be equally or less qualified than others.
In this presentation going discuss fairness behind Positive discrimination by looking at British statute & common law & contrasting it to EU law & the ECJ's opinion & changing stance of Positive discrimination through its leg & case law.
Under UK law Positive discrimination is unlawful but for two exceptions - will examine under what leg it is unlawful & what the pros & cons to it are.
It is unlawful since Positive discrimination discriminates in favour one group e.g. women, which inevitably discriminates against another group, e.g. men who are equally protected under leg. - Symmetrical outlook
With this in mind, Imp to note Positive discrimination not exist with disabled candidates as no law against non-disabled persons.
In order to give u clear understanding of Positive discrimination, explain it through a time-line, which will show how, got to legal position at today.
... middle of paper ...
Positive discrimination has been subjected to several opinions and leg, but the UK still look at equality from a symmetrical stand point and under EU law only differs from this in times of elections, and today renders any form of positive discrimination illegitimate, and only allows for positive action to help towards equalising any discrimination for the under-represented, but just because there is the encouragement and promise of training to encourage more of the under-represented groups to work, doesn't mean that e.g. women will actually be in a position to actually take the job.
It is also worth noting that the individualistic viewpoint that is taken by the UK & makes positive discrimination unlawful is fine in a perfect world, but as mentioned in Marschall, stereotypes still exist which in reality means that men are promoted above women.
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