Positive Equality Duties: The Future of Equality and Transparency?

Abstract

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.