Equality Analysis and Tools
that Stimulate Effective
Diversity Management
Paul Lappalainen, JD (US), Jur kand (Sweden)
Head of the 2005 Swedish Government Inquiry - The blue and yellow
glass house: Structural discrimination in Sweden
(In addition, Sweden’s deputy member of ECRI, Scientific advisor to UNESCO’s European Coalition of Cities
Against Racism. Board member of OSI’s AT HOME IN EUROPE PROJECT, Senior advisor with the Swedish
Equality Ombudsman.)
Non-Discrimination Mainstreaming and Diversity Management: From Theory to Practice, Thursday 12,
February 2015 at the Union Journalists House, 12 RIK Avenue, Aglantzia, Nicosia, Cyprus
paul.lappalainen@gmail.com
Overview
- Some basics from the Glass House inquiry re
discrimination and tools for change
- Background of diversity in the US, the move
to Europe and some key issues
- Tools that can stimulate effective diversity
management
paul.lappalainen@gmail.com
Discrimination in working life?
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Equal treatment at work?
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People form structures,
structures form people
Individuals
behavior, attitudes
Structures/institutions
Norms, routines, accepted
behavior patterns
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Racism och discrimination in
Swedish history
• Sweden, it is thought, lacks a history of
racism and discrimination ethnic minorities.
• It is like saying that Sweden lacks a history of
discrimination against women, the disabled,
homosexuals.
• Basically a shared history with Europe
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Do you have prejudices? Do you use them?
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Who is free from prejudice?
• Harvard Implicit Association Test
( https://implicit.harvard.edu/implicit/demo/ )
• People with openly racist and sexist opinions have
the same levels of underlying prejudices as “nonracists” and “non-sexists”
• Blindspot: the hidden biases of good people (2013)
• Difference between the man on the soap-box and
those in the crowd?
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Another description of structural
discrimination ?
Male
Pale
&
Stale
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Changing attitudes or behaviour?
Earl Warren – Chief Justice US S Ct 1953-1969
“There was ‘an invidious view which is now held by
many that you can't wipe out racial discrimination
by law, only through changing the hearts and minds
of men’.
Warren disdained that as a ‘false credo. True,
prejudice cannot be wiped out, but infliction of it
upon others can.’”
In other words, make discrimination cost.
paul.lappalainen@gmail.com
Diversity – the US and Canada
1960s/70s – US anti-discrimination laws lead to
damages awards, including class actions
1960s/70s - US anti-discrimination clauses in
public contracts require employers to
counteract discrimination and promote
affirmative action. Otherwise risk losing
contracts.
1980s – Business starts supporting the business
case. Turn a negative into a positive.
”diversity pays”
paul.lappalainen@gmail.com
Does diversity pay in the US?
Business turned the negative into a positive. A
key part of diversity work is nondiscrimination and public contract equality
requirements.
Short run benefit - prevention of discrimination
claims and access to public contracts.
In addition the “diverse” groups are current or
future workers and consumers.
Convinced themselves that diversity pays.
paul.lappalainen@gmail.com
Diversity – Sweden and the 90s
1990s – Swedish businesses heard the message
of diversity from the US.
About a new law against ethnic discrimination
they asserted that a new law was not
needed, they believed in diversity.
The law was passed in 1999.
Diversity is increasingly in focus.
Why?
paul.lappalainen@gmail.com
Why the interest in diversity?
• Diversity is easier, especially if you can separate it
from the issue of discrimination.
• Counteracting discrimination maintains a focus
those with power to discriminate (and counteract
discrimination) – employers, unions, politicians, and
civil servants.
• Diversity or diversity management which ignores
discrimination moves the focus to those ”other”
people / ie how can their special qualities benefit
the employer.
paul.lappalainen@gmail.com
Diversity without non-discrimination
ignores a key issue
• HOW DID THE LACK OF DIVERSITY OCCUR IN
THE FIRST PLACE?
• If you have a workplace where all of the
managers are white, male and middleaged and a diverse population in society –
what happened?
• Are there eg no qualified women, ethnic
minorities, disabled people?
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Discrimination 1(3)
Hi, I’m applying
for the job
Blackskull!
Sorry!
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Discrimination 2(3)
Hi, I’m applying
for the job
Soon
pregnant!
Sorry!
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Discrimination 3(3)
You always know when the
personal chemistry just
doesn’t work!
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By ignoring the equality of merits
(weighing similarities) diversity can
become an issue of a focus on ”their”
difference?
• IN OTHER WORDS, can women, ethnic
minorities, disabled people, homosexuals
help in accessing new markets?
• What is their special value? And not do they
have the same or better qualifications?
paul.lappalainen@gmail.com
Swedish (European) “integration” policy for many years
A negative spiral
Denial of
discrimination
Lack of diversity
= failure to take into
account the individual’s
competence
Disempowerment
paul.lappalainen@gmail.com
A SWEDISH PROBLEM?
Daddy, how
do you
find a job?
You go to the university,
move out of the country, and
hope to get a transfer back
to Sweden!
paul.lappalainen@gmail.com
Tools to stimulate effective
diversity management
Ensure that discrimination carries with it cost risks
If this is done those with the power to discriminate will often
refrain from discrimination.
This will in turn lead to greater diversity.
If you get greater diversity, then you need to discuss diversity
management.
Managing real diversity is not easy. It can be a pain to convince
a diverse group to show respect for each other.
paul.lappalainen@gmail.com
Themes related to diversity
Public contracts and equality in the EU - anti-discrimination
clauses in national, regional and city contracts
Employment contracts of managers
Equality testing - quality controls on the recruitment process
Consultation – Participation with the targets of discrimination
Equality Data Collection - What data is available? What are the
needs of your organisation?
Equality Plans - ensuring equality in recruitment, attracting a
broader diversity of qualified candidates, ensuring equality
and respect in the workplace
paul.lappalainen@gmail.com
Making discrimination cost
• Laws are often reactive, they put pressure on the
person discriminated against to complain etc
• Other measures put pressure on those with the
power to discriminate and thus can lead to
proactive measures
Anti-discrimination clauses in public contracts
– they are legal and effective.
Businesses that risk losing contracts, will
probably promote diversity
paul.lappalainen@gmail.com
Elements to consider in a clause?
• CONTRACTOR AGREES TO FOLLOW THE
NATIONAL LAW AGAINST DISCRIMINATION
• DUTY TO REPORT
• APPLY TO SUB-CONTRACTORS
• RETAIN THE RIGHT TO CANCEL THE
CONTRACT OR OTHER REMEDIES
paul.lappalainen@do.se
25
Equality testing
• If a diversity policy includes a nondiscrimination/equality focus, the policy can be
tested, especially by larger employers.
• The purpose of such testing is to determine if there
are indications of problems and not to accuse
individuals. (Quality control testing of policies).
• Training programs based on such indications will
have greater practical effects re participants.
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All discrimination grounds
• An effective diversity policy etc, at a minimum,
should apply to all grounds covered by law
• Europe has had too much competition between
the different grounds, rather than putting equality
into focus
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All too common?
I want the same
salary as my Swedish
co-workers!
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The men or
the women?
Equality data and equality plans
Equality Data Collection - What data is available,
especially re gender, ethnicity and age? How does
your organization compare to the society at large?
What are the needs of your organisation?
Equality Plans - ensuring equality in recruitment,
attracting a broader diversity of qualified
candidates, ensuring equality and respect in the
workplace
paul.lappalainen@gmail.com
A positive spiral
Counteract
discrimination
Diversity that
takes account of
the individual’s
competence
Empowerment
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Aha! Now I see them...!
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Wasn’t that easy? Thanks for your attention!
Page 32
Anti-discrimination clause
§ 1 The supplier shall throughout the contract period, in his business activities in Sweden, follow the
applicable anti-discrimination laws. The laws currently referred to are Article 141 of the EU Treaty, 16:9 of
the Swedish Penal Code, the Swedish Gender Equality Act (1991:433), the Act on measures against
ethnic discrimination in working life (1999:130), the Act banning discrimination in working life against
persons with a disability (1999:132), the Act banning discrimination in working life due to sexual
orientation (1999:133), the Act on equal treatment of university students (2001:1286), and the Act
prohibiting discrimination (2003:307).
§ 2 The supplier, during the contract period, has a duty, at the request of the contracting entity, to provide
a written report concerning the measures, equality plans etc., that have been undertaken in
accordance with the duties specified in § 1. The report shall be submitted to the city within one week
after a request is made unless some other agreement has been reached in the individual case.
§ 3. In his or her contracts with sub-contractors, the supplier shall apply the same duty to them as is specified
in § 1. The supplier shall be responsible to the contracting entity for a sub-contractor’s violation of the
anti-discrimination laws specified in § 1. The supplier shall also ensure that the contracting entity can
upon request be informed of the sub-contractor’s measures, plans etc. in accordance with §2.
§ 4 As it is of very substantial importance to the contracting entity that its suppliers live up to basic
democratic values, a violation of the duties in §§ 1-3 shall constitute a significant breach of the
contract. The contracting entity therefore has the right to cancel the contract if the supplier or a subcontractor violates the conditions in §§ 1-3. However, the contract will not be cancelled if the supplier
immediately remedies the situation or undertakes other measures with the purpose of achieving
compliance with the laws specified in § 1, or if the violation is considered to be insignificant.
paul.lappalainen@gmail.com
Various sources I
Concerning UNESCO’s European Coalition of Cities Against Racism (ECCAR) ee
ECCAR’s 10 point Action Program
http://www.citiesagainstracism.org/fileadmin/user_upload/download/10pp
a-engl-unesco.pdf
Report to the Council of Europe’s Congress of Local and Regional Authorities
Social approach to the fight against racism at local and regional level
On the web at https://wcd.coe.int/ViewDoc.jsp?id=1285613
Resulting recommendation 246 (2008)
https://wcd.coe.int/ViewDoc.jsp?id=1285477&Site=CM
And resolution 264 (2008) at
https://wcd.coe.int/ViewDoc.jsp?Ref=RES(2008)264&Language=lanEnglish&Ver
=original&Site=COE&BackColorInternet=DBDCF2&BackColorIntranet=FDC8
64&BackColorLogged=FDC864
European Union Charter for Equality between men and women
http://www.charter-equality.eu/
paul.lappalainen@do.se
Various sources II
AT HOME IN EUROPE – PROMOTING INCLUSION. Open society foundations
Muslims in European Cities. Somalis in European Cities. Excluded Majorities.
www.opensocietyfoundations.org/projects/home-europe
ENGLISH SUMMARY in Det blågula glashuset: strukturell diskriminering i Sverige
SOU 2005:56, (The Blue and Yellow Glass House, Structural Discrimination in
Sweden) http://www.regeringen.se/sb/d/108/a/46188
ENGLISH SUMMARY in Diskriminering dröjer kvar, (Discrimination Remains) 2007
http://www.mkc.botkyrka.se/biblioteket/Publikationer/stencilserie/Diskr_Del
1och2.pdf
ENGLISH SUMMARY in Ingen diskriminering med skattemedel, (No
Discrimination with Public Funds) Integrationsverkets rapportserie 2000:7,
2000
http://www.mkc.botkyrka.se/biblioteket/Publikationer/lappalainen.pdf
“Active measures in Sweden – in theory and in practice”, Lappalainen, AlZubaidi and Jonsson 2010 http://www.migrationboell.de/web/diversity/48_2666.asp
paul.lappalainen@do.se
Various sources III
US ANTIDISCRIMINATION LAW – REMEDIES AND SANCTIONS: LESSONS AND
PITFALLS FOR THE EU, Paul Lappalainen, in Discrimination in Working Life
(2004) edited by Janet Cormack
http://www.migpolgroup.org/publications_detail.php?id=203
Proving Discrimination Cases - the Role of Situation Testing. Isabelle Rorive with
a contribution by Paul Lappalainen, 2009. See
http://www.migpolgroup.com/publications_detail.php?id=230
ENARgy 17. In particular “Institutional Racism in Sweden and Europe”
http://cms.horus.be/files/99935/MediaArchive/pdf/ENARgy_17_EN.pdf
AN INTERSECTIONAL APPROACH TO DISCRIMINATION: Addressing Multiple
Grounds in Human Rights Claims. Ontario Human Rights Commission. 2001
http://www.ohrc.on.ca/sites/default/files/attachments/An_intersectional_a
pproach_to_discrimination%3A_Addressing_multiple_grounds_in_human_rig
hts_claims.pdf
paul.lappalainen@gmail.com