Positive action and effective adjustment

Abstract

Positive action and effective adjustment are important tools to address historical, systemic and individual inequality. This pre-advisory paper recommends expanding the current legal framework for positive action beyond women, persons with disabilities and members of ethnic minorities as well as introducing more lenient requirements for positive action in the area of access to goods and services. Within the field of employment and occupation, certain employers should be under a legal obligation to engage in positive action to diversify their labour force and implement inclusive workplace policies. With respect to effective adjustment, it is recommended that the duty should be reconceptualised from being reactive and individualised to also include an anticipatory duty. It should also be considered whether the effective adjustment duty could be applied beyond disability, to more or all grounds protected under non-discrimination legislation.