we europe 2015: the pros and cons of positive action

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Inspiring Technical Women Since 1919

The Pros and Cons ofPositive Action

Dr Carol MarshImmediate Past President of theWomen’s Engineering Society

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Questions Positive Discrimination v Positive Action Establishing the need for Female Engineers Pros and Cons of Positive Action Summary

Agenda

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Presentation covers:

What companies can and cannot do in relation to:■ Recruitment■ Promotion■ Personal Development■ Training

Gender issues for women in engineering

Mainly UK based (some European / US info)

Setting the Scene

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Questions

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Advertise a position for an engineer

Receive 10 CVs9 from men, 1 from a woman

Don’t review CVsJust offer the job to the woman

Is thisA) LegalB) Illegal

Question 1

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Hold an open day for women onlyEncourage women to apply for an engineering position

Receive 10 CVsThis time 7 from men, 3 from women

Review CVs – select best 4 candidates Interview 4 candidates – select best candidate for

the position – a man

Is thisA) LegalB) Illegal

Question 2

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What if the best candidate was a women?

If you voted “Legal” to Question 2 would you nowchange your mind?

Question 3

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Question 1 – Receive 10 CVs, 1 from woman noselection process, hire womanIllegal

Question 2 – Hold open day, 10 CVs, 3 fromwomen, fair selection process, man hiredLegal

Question 3 – Hold open day, 10 CVs, 3 fromwomen, fair selection process, woman hiredLegal, but perceived to be illegal

Answer to Questions

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Positive Discrimination vPositive Action

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“Choosing someone solely on the grounds of theirprotected characteristic and not on their abilities”

“Treating one person more favourably than another on theground of that person’s disadvantage”

“Policy of providing special opportunities for and favouringmembers of a disadvantage group who suffer fromdiscrimination”

Positive Discrimination Definition

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“Intended to promote the opportunities of a definedminority group within a society to give them equalaccess to that of the privilege majority population.”

“Serves to balance or negate a disadvantage but is itselfunjust because its discriminating”

Positive discrimination is illegal under the UKand European anti-discrimination laws

Positive Discrimination Definition

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“The United States Constitution prohibits discrimination by federaland state governments against their public employees.

Discrimination in the private sector is not directly constrained by theConstitution, but has become subject to a growing body of federaland state law.

Federal law prohibits discrimination in a number of areas, includingrecruiting, hiring, job evaluations, promotion policies, training,compensation and disciplinary action (Ref 6)

Discrimination is the main source of inequalityin the US labour market

Protected Characteristics

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Positive discrimination is not to be confused with positive action

Positive actionIs voluntary and describes measures targeted at people withprotected characteristics to readdress past discriminations or tooffset disadvantages arising from existing attitudes, behavioursand structures.

Positive action during recruitment became lawfulin the UK in April 2011

Positive Action Definition

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Christopher McCrudden (ref 7) has identified 5 categories ofpositive action:

1) Eradicating Prohibited DiscriminationOrganizations taking positive steps to identify and updatepolicies which cause discrimination (i.e. how organizationsselects employees, conduct promotion and does business)

2) Purposefully Inclusive PolicesUse policies which don’t give preferential treatment todisadvantage groups but uses general criteria as a basisfor giving special help (i.e. help to schools in poor areas)


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3) OutreachRun events in schools, targeting advertising, reserves spacesfor women during recruitment stages. This encouragesparticipation of disadvantage groups but doesn’t guaranteedefinite results

4) PreferencesGive preferential treatment to members of a disadvantage group

5) Redefining MeritExamine and redefine criteria that employers use for filling posts


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Under the UK Equality Act 2010 there are 9 “protected characteristics” :1) Age2) Disability3) Sex (man or woman)4) Pregnancy and Maternity5) Religion and Belief6) Race7) Marriage and civil partnerships8) Sexual Orientation9) Gender Reassignment (transitioning from one gender to another)

Protected Characteristics UK

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For Europe the Treaty of Amsterdam came into effect in 1999 andthere are 6 “protected characteristics”: (European Court of Justice)Article 141(4) makes express provision for the use of positive action.

1) Age2) Disability3) Sex (man or woman)4) Religion and Belief5) Racial or ethnic origin6) Sexual Orientation


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Under several USA state and federal laws there are 11 “protectedcharacteristics”:1) Age (for workers over 40)2) Disability3) Sex (man or woman)4) Pregnancy5) Religion6) Race7) National Origin8) Citizenship status (for citizens, permanent residents, refugees,

temporary residents and asylees)9) Genetic Information (DNA results)10) Bankruptcy or bad debts11) Military service or affiliationsMost states also included Sexual OrientationSome states included Gender reassignment and marriage


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A company can take action if they think people who share aprotected characteristic:■ Experience a disadvantage connected to that characteristic■ Have needs that are different to a person who does not have

that characteristic■ Have disproportionate low participation in an activity

A company may take actions to:■ Minimise the disadvantage■ Meet those needs■ Encourage participation

Positive Action

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Specifically engineering companies can1: Target training at women who are under-represented in

certain occupations or grades Provide training and special encouragement for returners to

the labour market Encourage women to apply for positions Choose to hire a women over a men, provided they are both

equally qualified for the position Place adverts and recruitment literature where women will

see them (i.e. WES Journal)

(1 http://www.diversitytoolkit.org.uk/glossary/_P/)

Positive Action

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Specifically engineering companies can: Hold women only events Provide school placements / work experience for females Run internal forums Provide mentoring Provide funding for events which promote women in

engineering

A company cannot give a woman a job justbecause she is a woman

Positive Action

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Establishing the need forFemale Engineers

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In the UK there is currently a shortage of engineers The Perkins report states we need 830k engineers by 2020 Engineering UK states there will be 1.86 million engineering

jobs between now and 2020 The UK currently produces 46k engineering graduates a

year. This needs to almost double to 87k a year Only 54% of those studying engineering actually go into

engineering, this needs to increase The UK currently produces 27k engineering apprenticeship

each year. This needs to almost treble to 69k a year

Engineering Shortage

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16% of the UK engineering graduates are women Only 27% of females studying engineering become engineers In Scotland its only 21%

8.7% of engineers are female This reduces to 7% in Electronics

4% of engineering apprentices are female 1% in construction, planning and environment are female

But 51% of the UK population is female

Female Engineering Statistics

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The UK has the worst percentage of females engineers in the worldBut even the best (Latvia) has only 30%

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An additional problem in the UK is that the title ofEngineer is not protected and very few people outside ofengineering knows what an engineer doesWhat do you think the following engineers do?

UK Engineering Status

Motor Engineeringo Person in a garage who services / fixes your car

Gas Engineer

o House wife

o Person who comes to your house to service / fix your gas central heating

Domestic Engineer

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The UK industry needs to do something different andurgently if it wants to continue to compete worldwide inengineering

More boys and girls need to enter engineering but the skillsgap can only be filled by encouraging girls to enterengineering at the same rate as boys


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Girls out perform boys at maths and science when theyare young, so they are capable of becoming engineersbut they either choose not to pursue these subjects orare actively discouraged from studying them.


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Pros and Cons of Positive Action

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Companies recognizes there is a problem andwant to change the gender balance

Results in more women being hired which willhelp fill the skills shortage gap

Results in more women getting promotions

Improves the social mix in the office

Positive Action Pros

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Could encourage women to enter engineeringas more chance of them climbing ladder quicker

Could encourage women to stay in engineeringas company becomes more family friendly

Leads to a more diverse company whichimproves their business1 and will ensure that theUK remains at the cutting edge of invention

1 The Bottom Line: Corporate Performance and Women’s Representation on Boards,Catalyst Inc, October 2007 http://www.catalyst.org/file/139/bottom%20line%202.pdf

Positive Action Pros

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Devalues the accomplishment of people who arechosen based on their gender If a woman gets the job did she get it through merit or

because she was a woman?

Often results in the “token” women being appointed If senior women appointed onto a board there is often an

adverse reaction and an increase in anti-female sentiment.

Replaces an old wrong with a new wrong Average white male now feels discriminated against

Positive Action Cons

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Could discourage women from entering engineering If positive action plan in place then there are perceived

problems

Could discourage women from staying in engineering Due to hostile atmosphere in the work place

At extreme can cause both genders not to work attheir best Males – what’s the point won’t get promotion Females – get selected anyway so don’t need to work hard

Positive Action Cons

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Companies need to establish a baseline: Number of people in each protected category in

their company Pay structure of each group within their company Now mandatory in the UK

What problem they are trying to solve Shortage of engineers

Company Actions

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Companies need to: Set targets and timescales Identify how they plan to achieve these targets Measure rate of progress towards the targets Review and update targets

Review job adverts and criteria to ensure they donot exclude women

Review working policies Ensure benefits given to women are also rolled out

across all the company

Company Actions

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For jobs and promotions there needs to be a fair,open, unbiased, selection process at all levels This also means promotion through “the old boys club”

must stop

The core problem of getting girls interested inengineering needs to be solved Reward schools that get more girls to study physics Extend teacher training bounties to persuade more

women to teach maths, physics and design technology Encourage more female role models

Solutions

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Need to improve the image of engineering Emphasize the creative side of engineering De-emphasize the repairing machines image

Need to promote engineering as a future career forboth girls and boys

Need to set up programs to retain women

Within a generation we could make a step changein the number of women entering engineering andthus negate the need for positive action

Solution

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1) UK - Employment Statutory Code of Practice2) UK - Creating a fairer and more equal society3) UK - A Step by Step Practical Guide to Using

Positive Action When Making Appointments4) Europe - Amsterdam Treaty5) Europe – Positive Action Measures to Ensure Full

Equality in Practice between Men and Womenincluding on Company Boards

6) USA – Employment Discrimination Law

Further information

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“The UK Government support and protect the rightsof women by helping women to reach their fullpotential in the workplace and by helping businessesget the full economic benefit of women’s skills”

Further information

7) Positive Action Paper by Colm O’Cinneide UCL8) C. MCCRUDDEN, ‘Rethinking Positive Action’

(1986) 15 Industrial Law Journal 219-2439) Professor Sandra Fredman10) Worldwide - Affirmative Action

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Our Corporate Members

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