This book argues that traditional complaint-based antidiscrimination laws are inherently inadequate to respond to systemic discrimination in employment. It examines the mechanisms and characteristics of systemic discrimination and the shortcomings of complaint-based laws. Yet these characteristics can also inform employers and government authorities of the kinds of preventive action that help alleviate systemic discrimination at the workplace.
In its search for a rational government policy response to systemic discrimination, the book evaluates selected legal regimes which impose proactive obligations on employers to promote equality at the workplace. Proactive regimes are regulatory in nature, rather than adjudicatory. They induce employer compliance through technical assistance, dialogue and regulatory pressure, rather than court orders. By examining the key elements of these regimes the author explains why some proactive regimes function better than others, and why proactive regimes function better than complaint-based laws in addressing systemic discrimination.
Ronald Craig is a researcher at the Norwegian Centre for Human Rights, which is a part of the Law Faculty at the University of Oslo. Dr. Craig has his legal education from both the USA and Norway.
Table of contents
2. The Concept of Discrimination;
3. Systemic Discrimination in Employment;
4. The Limits of Complaint-Based Approaches in Addressing Systemic Discrimination in Employment;
5. Ethnic Equality in Employment;
6. Proactive Obligations to Promote Equality in Employment: An Introduction;
7. Statutory-Based Proactive Obligations to Promote Equality in Employment: Five Approaches;
8. Contract-Based Proactive Obligations to Promote Equality in Employment: Four Approaches;
9. A Rational Government Policy Response to Systemic Ethnic Discrimination in Employment;
10. Conclusion; Bibliography; Index.