Open AccessPositive Equality Duties: The Future of Equality and Transparency?
Author(s) -
Alysia Blackham
Publication year - 2021
Publication title -
law in context
Language(s) - English
Resource type - Journals
eISSN - 1839-4183
pISSN - 0811-5796
DOI - 10.26826/law-in-context.v37i2.150
Subject(s) - transparency (behavior) , enforcement , context (archaeology) , confidentiality , project commissioning , publishing , law and economics , public relations , business , political science , law , sociology , paleontology , biology
Transparency is a radical expectation in the context of equality law. In a system highly dependent on individual enforcement, the lack of transparency in the treatment of individual claims dramatically limits the potential of equality law to achieve systemic change. Overcoming discrimination that is systemic, embedded, and pervasive requires moving beyond confidential mechanisms for addressing discrimination. Given that the implementation of workplace equality law occurs in practice at the organisational level, there is a growing need to focus on what employers are actually doing to achieve equality, and how their practices are accountable to those affected and the broader community.