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Positive Action for Women in Employment: Time to Align with Europe?
Author(s) -
Burrows Noreen,
Robison Muriel
Publication year - 2006
Publication title -
journal of law and society
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.263
H-Index - 48
eISSN - 1467-6478
pISSN - 0263-323X
DOI - 10.1111/j.1467-6478.2006.00345.x
Subject(s) - disadvantage , position (finance) , action (physics) , scope (computer science) , politics , political science , law and economics , law , sociology , economics , physics , finance , quantum mechanics , computer science , programming language
In recent years positive action to improve women's position in the labour market has risen up the political agenda, with measures ranging from quotas to special training. The legal framework has been slower to change. Initially seeking to eliminate all forms of discrimination, it now reflects a more sophisticated approach, attempting to achieve substantive equality. This may encompass measures which appear to disadvantage men but are aimed at rectifying women's structural, economic or historical disadvantage. We investigate the limits imposed on EU member states' ability to take positive action under Community law, and examine the much narrower provisions of the Sex Discrimination Act. We argue that the time is now ripe, with the ongoing review of equality law, to reappraise domestic law and to use the freedom provided under Community law to expand the scope of positive action under the Sex Discrimination Act.