Eithne McLaughlin Romana Khaoury Marguerite Cassin

1. Equality and Social Inclusion in Ireland Project Complex forms of discrimination : an assessment of the development and potential application of definitions of institutional and systemic discrimination Eithne McLaughlin Romana Khaoury Marguerite Cassin Project Co-ordinator: E McLaughlin, Queen’s University Belfast

2. Equality and Social Inclusion in Ireland Project Objectives communicate and thin out Sociology of Inequality understandings of maintenance and recreation of inequality and privilege Assess the potential for transfer of sociological definitions to equality law respond to lack of development of concepts of discrimination in national and international law prompted by limitations of current anti-discrimination law and practice and persistence of group inequalities (especially ethnicity) Project Co-ordinator: E McLaughlin, Queen’s University Belfast

3. Equality and Social Inclusion in Ireland Project Working Definition of Complex Forms of Discrimination simple discrimination = one to one action intended to have adverse impact on another because of their possession of certain social traits + hate crimes complex forms of discrimination = diffuse, implicit, collective patterns in and of social practices and their associated worldviews which exclude, devalue or disadvantage minority group individuals difference is ignored when it is relevant or invoked when it is irrelevant Project Co-ordinator: E McLaughlin, Queen’s University Belfast

4. Equality and Social Inclusion in Ireland Project Structure of the paper limitations of current unlawful discrimination approach and options for reform (EM) problematic status of indirect discrimination (EM) reasons for development and application of definitions of complex forms of discrimination )EM) knowledge transfer to law and policy applications? the evolution of definitions of complex forms of discrimination in sociology over the last 50 years (RK) Project Co-ordinator: E McLaughlin, Queen’s University Belfast

5. Equality and Social Inclusion in Ireland Project 3 Options for reforming the UK’s equality regime remedies against complex forms of discrimination? Or just prohibition ? Impact on definition and invocation of indirect discrimination limitations of current anti-discrimination UK and European model objectives of ‘equality regime’ reform complex forms of discrimination and othering us and them; insiders and outsiders Project Co-ordinator: E McLaughlin, Queen’s University Belfast

6. Equality and Social Inclusion in Ireland Project 9 reasons for an interest in complex forms of discrimination limited achievement of the negative anti-discrimination equality model concept of indirect discrimination limited by conservative judicial application and sparsity of cases scope of definitions of unlawful discrimination small - relative to universe of discriminatory behaviours and processes (problem of scope) possibility prohibition on direct discrimination shunted discriminatory processes and practices from its sphere to indirect and other complex forms of discrimination, that of (problem of compliance avoidance) Project Co-ordinator: E McLaughlin, Queen’s University Belfast

7. Equality and Social Inclusion in Ireland Project Reasons contd add force to indirect discrimination bridge between negative and positive models and measures development required to maintain relevance utility and scope of definitions plaintiffs in more complex circumstances and with multiple ‘identities’ Project Co-ordinator: E McLaughlin, Queen’s University Belfast

8. Equality and Social Inclusion in Ireland Project Problem of responsiveness limitation of post hoc redress for unlawful discrimination as driver of social change Project Co-ordinator: E McLaughlin, Queen’s University Belfast

9. Equality and Social Inclusion in Ireland Project Why not develop additional definitions of discrimination? too big a stretch? better to name and define exclusionary processes in their own right Project Co-ordinator: E McLaughlin, Queen’s University Belfast

10. Equality and Social Inclusion in Ireland Project Problem of entry and relevance irrelevance of labour law to majority of minority group individuals Project Co-ordinator: E McLaughlin, Queen’s University Belfast

11. Equality and Social Inclusion in Ireland Project Evil motive effects discrimination Complex discrimination recognised as indirect discrimination: Apparently unbiased universal standards create adverse impact and disadvantage by ignoring a social difference when it should be taken into account for justice and fairness or the converse harassment, bullying and victimisation prima facie evidence = persistent patterns of minority group under presentation and disadvantage Project Co-ordinator: E McLaughlin, Queen’s University Belfast

12. Equality and Social Inclusion in Ireland Project Equality law reform paths positive equality model combines –ve and +ve equality duties on public sector; -ve on private; reliance on mainstreaming technologies; + social minimum or social rights improved use and application of indirect discrimination provision. Definitions and remedies for additional forms of complex discrimination and why to take reasonable steps to progressively reduce…. affirmative action in market sphere Social minimum, social rights Project Co-ordinator: E McLaughlin, Queen’s University Belfast

13. Equality and Social Inclusion in Ireland Project Complex forms of discrimination manipulate reward and penalty subsystems within organisations: acquisition of personal human capital; access to fringe benefits public expressions of respect, credit and recognition Project Co-ordinator: E McLaughlin, Queen’s University Belfast

14. Equality and Social Inclusion in Ireland Project Genericism and specificity in (in)equality social moral paternalism relocation of dysfunctionality ‘the problem’ from Us to Them – i.e. away from structures and persons of power Project Co-ordinator: E McLaughlin, Queen’s University Belfast

15. Equality and Social Inclusion in Ireland Project Practices of othering and exclusion defining us and them insiders and outsiders differential thresholds for reward and punishment and satisfaction the double standard insurrection destruction of ‘corridor reputations’ focused on personalities, integrity and judgement higher levels of performance required generally Project Co-ordinator: E McLaughlin, Queen’s University Belfast

16. Equality and Social Inclusion in Ireland Project The behaviours and practices called systemic and institutional discrimination have been identified and documented in the social research literature for 50 years ? Knowledge transfer? Definitions fit for purpose? Can they travel? Project Co-ordinator: E McLaughlin, Queen’s University Belfast

17. Equality and Social Inclusion in Ireland Project contd Are definitions context dependent i.e. capacity for transfer between spheres? Judgement of adequacy of concepts and definitions should be against purpose? Project Co-ordinator: E McLaughlin, Queen’s University Belfast

18. Equality and Social Inclusion in Ireland Project Objectives of reform achieve equality of opportunity achieve real equality of opportunity achieve reduction in inequalities elimination of discrimination elimination of unlawful discrimination Project Co-ordinator: E McLaughlin, Queen’s University Belfast

19. Equality and Social Inclusion in Ireland Project Diffuseness, Agency diffuseness problematic for ‘freeze frame’ law diffuse in time and space i.e. shared worldviews and norms e.g. cultures in which invokation and exaggeration of group difference create devaluation and disadvantage non-recognition in law, part of the denial of persistent inequalities denial needed because not attributable to dysfunctionality in the minority group challenge to the bad apple thesis Project Co-ordinator: E McLaughlin, Queen’s University Belfast

20. Equality and Social Inclusion in Ireland Project The development of concepts of complex forms of discrimination and prejudice direct vs indirect past in present vs side effect individual vs systemic structural vs systemic Project Co-ordinator: E McLaughlin, Queen’s University Belfast

21. Equality and Social Inclusion in Ireland Project Gynther’s system pervading patterns [which] exclude, disadvantage or devalue members of minority groups which can be legally identified and protected (Gynther, 2003, p.50) Project Co-ordinator: E McLaughlin, Queen’s University Belfast

22. Equality and Social Inclusion in Ireland Project Myrdal (1944) An American dilemma principle of accumulation relationship between inequalities of condition and individual capabilities for competing and winning opportunities Project Co-ordinator: E McLaughlin, Queen’s University Belfast

23. Equality and Social Inclusion in Ireland Project Stokey, Carmichael and Hamilton (1967) Black Power institutional racism interlocking and cumulative – internal colonialsim institution? Bounded organisation or a social system/ structure? Project Co-ordinator: E McLaughlin, Queen’s University Belfast

24. Equality and Social Inclusion in Ireland Project Knowles and Prewitt (1967) conformity sufficient for inequality to be recreated conformity sin of omission = sin of commission? Project Co-ordinator: E McLaughlin, Queen’s University Belfast

25. Equality and Social Inclusion in Ireland Project Complex discrimination = omission = (?) commission “ Once a colonial system is established historically, those in the superior position seek to monopolise basic resources. In this process, privilege becomes institutionalised, that is, it becomes imbedded in the norms (regulations and informal rules) in a variety of social, economic and political organisations” (Knowles & Prewitt, 1978, p.213) Project Co-ordinator: E McLaughlin, Queen’s University Belfast

26. Equality and Social Inclusion in Ireland Project Feagin and Feagin (1978) interest theory of discrimination internal colonialism institutional racism 4 category framework of complex discrimination Project Co-ordinator: E McLaughlin, Queen’s University Belfast

27. Equality and Social Inclusion in Ireland Project isolating discrimination small group discrimination direct institutionalised discrimination (4)indirect institutionalised discrimination Project Co-ordinator: E McLaughlin, Queen’s University Belfast

28. Equality and Social Inclusion in Ireland Project Robert (1988) intentionally benevolent unintentionally benevolent Unintentional institutional discrimination= unintended adverse impact on minorities of anonymous processes such as inflation, economic cycles, fiscal systems, the social infrastructure etc Project Co-ordinator: E McLaughlin, Queen’s University Belfast

29. Equality and Social Inclusion in Ireland Project Restrict ‘institutional’ to bounded organisations i.e. an institution e.g. a hospital, a school, a system Like Pincus (1999) restrict ‘structural’ to social systems involving multiple institutions e.g. the educational system and hig level policies Project Co-ordinator: E McLaughlin, Queen’s University Belfast

30. Equality and Social Inclusion in Ireland Project The Unholy Trinity Systemic racism and discrimination rooted in: Ethnic, equality and migration policies Management of Us and Them of internal and external difference, political, physical and social boundaries Minimisation and invisibility of difference (voluntary and involuntary) Project Co-ordinator: E McLaughlin, Queen’s University Belfast

31. Equality and Social Inclusion in Ireland Project Axes which define complex discrimination collective vs individual within 1 institution or across multiple i.e. a system Cultural or structural Project Co-ordinator: E McLaughlin, Queen’s University Belfast

32. Equality and Social Inclusion in Ireland Project The Discrimination Onion Project Co-ordinator: E McLaughlin, Queen’s University Belfast

33. Equality and Social Inclusion in Ireland Project Definitions of discrimination: Direct discrimination:discriminatory behaviour which intentionally has adverse impacts for minority group individuals + Hate crimes:intentionally discriminatory interpersonal behaviours which are expressed through verbally, emotionally or physically abusive behaviours Indirect discrimination:the creation of adverse impacts and disadvanatages within organisation and institutions through the actions of individuals or groups of individuals applying ostensibly unbiased rules and universal standards to unequal situations (that is ignoring a social group differences when it is in fact relevant to the achievement of equality of opportunity Project Co-ordinator: E McLaughlin, Queen’s University Belfast

34. Equality and Social Inclusion in Ireland Project Institutional discrimination: the creation of adverse impacts and disadvantages within organisations and institutions throughthe application of ostensibly unbiased rules and pre-existing differences of condition, preference and culture Systemic discrimination: ‘whole society’discrimination, disadvantage and social exclusion: the creation of adverse impacts and disadvantages through any or all forms of discrimination in a number of social fields and multiple institutions. These impacts are likely to reinforce each other and be cumulative in effect on the individual and their group. Project Co-ordinator: E McLaughlin, Queen’s University Belfast

35. Equality and Social Inclusion in Ireland Project Systemic discrimination permeates the historical record of minority-majority relations and statuses; religious beliefs, social practices and public policy (Humpage, 2001) Project Co-ordinator: E McLaughlin, Queen’s University Belfast

36. Equality and Social Inclusion in Ireland Project Lack of consensus on:The Problem of Intent? Benevolence/Affirmative Action? Project Co-ordinator: E McLaughlin, Queen’s University Belfast

37. Equality and Social Inclusion in Ireland Project Structures systems & Institutions Institutional discrimination = systemic discrimination Project Co-ordinator: E McLaughlin, Queen’s University Belfast

38. Equality and Social Inclusion in Ireland Project McPherson Report institutional racism = bundle of individual attitudes and uncritical self-evaluation at organisational level. Hesse (2004) McPherson is a denial of institutional racism Project Co-ordinator: E McLaughlin, Queen’s University Belfast

39. Equality and Social Inclusion in Ireland Project Pavi () 4 preconditions for equality (1) rights (2) recognition; (3) representation Equal citizenship = absence of complex forms of discrimination in Pavi’s 4 pre-conditions Project Co-ordinator: E McLaughlin, Queen’s University Belfast

40. Equality and Social Inclusion in Ireland Project Northern Ireland Case Depiction of Northern Ireland as 2 warring native tribes – invisibility of other ethnicities Northern Ireland society = systemic discrimination Project Co-ordinator: E McLaughlin, Queen’s University Belfast

41. Equality and Social Inclusion in Ireland Project Recognition of systemic and institutional discrimination is a necessary step en route to the realization of fair or meaningful equality of opportunity (Baker et al, 2004) and to the reduction of unfair inequalities of condition and their inscriptions on the bodies & spirits of the children of the oppressed. Project Co-ordinator: E McLaughlin, Queen’s University Belfast