Positive Discrimination Essay
Aim: What are the advantages and disadvantages of positive discrimination in relation to employment law?
<li value="1"> Introduction: definition of Positive discrimination
<li value="2"> Theories surrounding positive discrimination
<li value="3"> 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 …show more content…
Fredman goes on to explain that there are 3 characteristics of formal equality which makes positive discrimination illegitimate.
<li value="1"> FE looks at equality as a universal concept that cannot vary to reflect different patterns in society, & therefore equality always being symmetrical gives equality evenly to everyone, regardless of whether they are or are not from a disadvantaged group.
<li value="2"> This formal equality is individualistic in form. i.e. there are no groups of sex or race, but only individuals who should be judged based on their merits alone, which then makes Positive discrimination contradictory as it looks at disadvantaged groups not individuals.
<li value="3"> FE entails equality b4 the law: state should b neutral as between its citizens, favouring no one above anyone else.
Second viewpoint: Substantive equality, where justice only meaningful in its interaction with society: blacks b4 whites; women b4 men. Makes point