On Linked In I look at popular jargon and unpack it through an Equality Act compliance lens.
Recently I looked at Critical Race Theory
What is this from a DEI point of view?
I understand that Critical Race Theory (CRT) is an academic framework that originated in the United States during the 1970s/80s. CRT posits that racism is not merely the result of individual prejudice but is embedded in legal systems and social structures, creating and perpetuating inequality. It challenges the notion of a “colour-blind” society, arguing that systemic racism often operates subtly and invisibly. It contends that laws and institutions often reflect and sustain the interests of dominant racial groups, even when appearing neutral. Its introduction to the UK (via academia and DEI consultants) has been controversial, with critics arguing that it focuses too heavily on racial divisions and encourages unlawful positive discrimination.
What is this from EA compliance point of view?
The UK Equality Act 2010 is a legal framework designed to protect individuals from discrimination based on nine protected characteristics (PC), including race. Unlike CRT, the Equality Act operates within an established legal system, aiming to eliminate unlawful discrimination through enforcement of rights and promoting equality of opportunity. It is not inherently critical of the system itself, as CRT is, but works to ensure equality within the existing structures.
Implications for DEI Practices and practitioners:
Whilst on face value it is not relevant, in legal terms, I would argue elements still may be. In indirect race discrimination, the evidence of structural inequalities for particular groups may consist of unlawful indirect discriminatory policies, criteria or practice by an organisation. Also the Public Sector Equality Duty s 149 EA (PSED) requires those exercising public functions must pay due regard to the potential effect on everyone by reference to the PCs.
So, it is not sufficient just to dismiss CRT out of hand, but rather look through a UK Equality Act lens at the actual evidence of unjustifiable particular disadvantage experienced by a group with regard to their PC compered to other groups who don’t share the PC.
Equality Act Thought For The Day: Critical Race Theory
