Equal Employment Opportunities and Policy

 

By Stuart Birks*

 

A paper for a joint LEANZ/Education Forum seminar

Wellington, 8 November 2004

 

1. Introductory comment

When Rachel was undertaking the research that she has just described, she repeatedly said that it was “just common sense”.[1]

Unfortunately in many areas these days common sense appears to be a rare commodity. The type of thinking that she critically describes did not arise in a vacuum. There is an environment that is conducive to such work. It is my intention to present here this broader context.

The material to be covered here has implications for:

·        education, in terms of both the wider implications of current policies for pupils’ adult lives and careers, and social implications of curriculum content;

·        law, as a vehicle for implementation of policy, and in terms of recognition of its limitations and possible fundamental principles; and

·        economics, in relation to debate on economic issues and available policy options, and the importance of process in relation to outcomes and welfare.

2. Misinformation on Pay Equity and Equal Employment Opportunities

This year has seen the publication of two major documents on pay equity and employment opportunities. March saw the Report of the Taskforce on: Pay and Employment Equity in the Public Service and the Public Health and Public Education Sectors (the Taskforce report).[2] The Human Rights Commission released a report in June 2004, Framework for the Future: Equal Employment Opportunities in New Zealand (the HRC report).[3]

 

The latter is more general in its coverage, and I shall discuss it first. It is worth noting the important role envisaged for legislation in the recommendations for major policy change. In particular, rather than simply legislating against negative behaviour, the suggestion is for positive duties to be placed on all employers, with penalties for failure to comply. The public sector is proposed as a testing ground for such policies, indicating the significance of the Taskforce report discussed later.

 

2.1 The HRC Report

 

While the title of the HRC report suggests an objective specified in terms of opportunities, the document actually focuses on outcomes. Hence:

 

“…more effort will need to be made in the future to ensure that women, Maori, and Pacific peoples are well represented across all industries and occupational groupings.” (p.19)

 

and:

 

“Of the four EEO target groups, women have achieved the most progress in their relative position in the New Zealand labour force. Yet, this progress has been quite limited, and equality with men in participation rates, pay, and seniority across occupational classes is a far-off goal.” (p.61)

 

To emphasise the point, we see that success for women is to be measured in terms of their being widely distributed across all industries and occupational groups, and displaying equality with men in terms of pay, participation and seniority.  This can only reflect equity and equal opportunities if there is a close match in the preferences and abilities of men and women. This is not the case now, and may not be in the near future.  Men and women have different attitudes to workforce participation and to full- versus part-time work, for example. Nevertheless, equality of outcome for men and women has already been given as an objective by members of the current government.[4]

 

The report discusses evidence on discrimination:

 

“Human Rights Commission figures offer some insights into the prevalence of discrimination on the grounds of interest to us. However, they do not allow us to determine the gender of the complainants… To that extent, we are limited in the implications we might draw from the following information.” (p.60)

 

Despite this reservation, we read on the next page: “It is troubling that there is so much evidence of direct discrimination against women and of sexual harassment of women at work.” (p.61)

 

The main evidence is that, in the four years to June 2003, there were 532 complaints “consistent with forms of discrimination against women”, and 110 complaints “related to discrimination on the basis of family status or marital status”. They do not state how many of these complaints were upheld.

 

The report continues:

 

“…indirect forms of discrimination also continue to hold women back. For example, the structuring of the workplace, the intensive nature of some training programmes, and the expectations of the hours people must work to obtain management positions can each serve to preserve competitive, male-dominated cultures. Such formal and informal institutional structures could be changed. But change is unlikely when the institutional power resides with those who most benefit from current arrangements.” (p.61)

 

It would appear that, according to the report, criteria for promotion which may, on average, suit women less than men, can be considered to be discriminatory. Surely discrimination can only be said to exist if people are treated differently for no valid reason. Is it really discriminatory to link promotion to training and experience?

 

The claimed undesirability of “competitive, male-dominated cultures” is also problematic. If the Human Rights Commission and/or the government are uncomfortable with competition in the labour market, then perhaps these matters merit a wider airing. It would be most helpful if the government could explain its concerns and detail the alternative job selection and promotion criteria that it has in mind. Should there be quotas for various groups, or should experience and qualifications be disallowed as criteria for favouring applicants? Certainly in the area of international trade, the government appears to be keen to reduce barriers to competition, as if competition is desirable. Are there grounds for objecting to competition in labour markets?

 

The failure to present these issues as debating points may be due in part to the motivation of the authors. The report advocates a position, rather than presenting balanced assessments. This can be seen in the section on “rationales for promoting EEO in New Zealand”. To give just a small extract:

 

“We believe that advocates for EEO should be cognisant of the full range of rationales when determining how best to make their arguments for policy change…If presented with [these arguments] only the most ardently conservative people would choose to stand in the way of future EEO initiatives.” (pp.15-16)

 

It is clear on which side the report’s authors stand.

 

Policy ideas are frequently transplanted from one country to another, not necessarily with careful scrutiny on the way. The report illustrates this when it states:

 

“The Australian Federal Equal Opportunity for Women Agency lists five ways in which EEO for women can “boost profitability” supported by statistical and case study evidence…lastly, having EEO policies and programmes in place reduces the risk that companies will be subject to prosecution under human rights antidiscrimination and employment legislation.” (p.21)

 

Perhaps this is what is meant by competitive structures being undesirable.  They can lower company profitability through incurring the displeasure of, and penalties imposed by, government. However, this does not mean that the company decisions would have been inherently undesirable.

 

2.2 The Taskforce Report

 

The Taskforce report is narrower in scope than that of the Human Rights Commission, referring only to the public service, public health and public education sectors. However, it is closer to being an active policy document, rather than a basis for discussion. Recall that the HRC report recommended that policies be tested in the public sector. Some of the language conveys the impression that economics underpins the reasoning, but aspects fundamental to economists have been overlooked. This is apparent from the Preface, where it says, “The scale and persistence of the gender pay gap in New Zealand reflects a failure in the ‘market’…”(p.1)

 

No conventional explanation is given as to how or why the market fails. Instead, it could be asked why one should expect there to be no gender pay gap with a correctly functioning market. Should the same assumption be made for comparisons between ethnic groups, or for people of differing ages[5]? If pay differences are acceptable by age, might this reflect experience? If so, then should we not also accept gender gaps caused by differing lifetime workforce participation patterns? The report’s use of inverted commas for the word “market” indicates scepticism about the entire pay determination process.

 

I suggest to my students that they pose the following three questions when asking if intervention, or a change in intervention, should be undertaken:

 

1)      Is there something wrong with the non-intervention/status quo situation?

 

If no, there are no grounds for intervention. If yes:

 

2)      Are there policy options that can improve on non-intervention?

 

Note that policies affect the future, not the present, so there has to be an identifiable problem affecting the future, not just the affecting the present.

 

If there are suitable policies:

 

3) Will available policies be used to meet these objectives, or for other purposes? (i.e. can decision makers be trusted to use the policies appropriately?)

 

A standard economic approach to question 1 would be to ask if there is market failure. Such a failure, and its magnitude, have yet to be demonstrated in this case. It is not sufficient to assert that there should be no gender pay gap, so, on that basis, the report does not even get past the first question.

 

The Preface includes the following:

 

“It is acknowledged that the tight timeframe for the Taskforce made it necessary to use less formal research methodologies than could have been employed in a longer timeframe…[however] Social reform of this nature while supported by research and cost/benefit analysis is rarely driven by such things. Visionary and determined leadership from Government and chief executives is essential.” (p.1)

 

In other words, this major policy initiative is not well researched, but it is claimed that, as research is not sufficient on its own, neither is it necessary, and so the policy should be vigorously implemented anyway. Given the radical objective identified above, equal outcomes for men and women, surely the economics surrounding this matter should be carefully researched, and the public consulted. The implications of the objective are highly significant:

 

“The issue is more than a matter of equal treatment and social justice. Without action, the education and skills of women will be wasted.” (p.1)

 

To rephrase this, having raised a generation of young women to believe that “girls can do anything”, they are now expected to participate fully in the paid workforce. This may well not match their aspirations or expectations. It may also have a significant effect on family formation and stability, and the work-life experiences of generations of New Zealanders. The use of past and present education as a justification for future workplace policies should be noted. Did people know what they were buying into when they made their education decisions?

 

Although New Zealand is, at least on the surface, a democracy, the report recognises that this approach involves major changes in attitudes:

 

 “The Terms of Reference set out the following principles to govern the work of the Taskforce:…

iii) That the plan of action should be capable of being implemented over five years in order that the necessary changes in practice and culture become embedded in the fabric and culture of New Zealand society.” (p.1)

 

The report does attempt an explanation as to why a gender pay gap may be the result of distortions in the market:

 

The key issue is the lack of equal pay for work of equal value that is done predominantly by women.

There are complex connections between “female” occupations, skill recognition, female stereotyping, and rates of pay. Some of the skills involved in typical women’s occupations:

… are often considered to be simply “natural” attributes of women, rather than being developed through learning, practice and experience. The skills required in interacting well with people (managers, staff or clients) and in other kinds of emotional labour often go unnoticed… complex interpersonal skills, heavy physical effort and responsibility for life and death are requirements of many jobs caring for children, the sick, the elderly. These components are likely to be undervalued in women’s pay packets.” (p.28)[6]

 

An economist would have a problem with such an explanation. The price that a buyer is prepared to pay for a service reflects the value of the service to the buyer. The same sum would be paid to either of two people, one of whom had a natural ability and the other who needed hours of practice. Perhaps a stronger point is being argued. Is it being suggested that women collectively are not being paid for a range of skills that they uniquely possess? If so, the existence of such skills is debatable. If they do exist, then their zero price in association with a positive marginal value cannot simply be asserted. Why does the market fail to recognise these skills which give value and are in scarce supply?

 

This illustrates the significance of my third question above: “will available policies be used to meet these objectives, or for other purposes?” Market failure may be used as a partial justification for intervention, but that does not equate to the language of market failure being sufficient to support intervention when no market failure has been demonstrated.[7]

 

Similarly, an economic explanation should be given for the use of “inequitable” in the following:

 

“Where part-time work is the only way in which women can combine paid work with family responsibilities, it is likely to be chosen regardless of inequitable pay and conditions.” (p.40)

 

What does “inequitable” mean in this context, and is it justified? Is the pay not related to productivity? If not, how does this arise in the labour market? Alternatively, if it is, related to productivity, why suggest that it should be based on other criteria?

 

Table 1 on p.23 of the Taskforce report gives average hourly earnings by age group, from the June 2003 quarter Income Survey. It is notable that, for the 25-29 age group, women’s pay was, on average, 3.1% higher than men’s. It has to be asked whether the gender pay gap, as observed overall, is a result of individuals’ historical education and workforce decisions, and the aggregation of quite different age cohorts. As policies affect the future, not the present, and, even without intervention, changes can be expected, is the current gender pay gap a suitable indicator on which to base policy decisions? In pursuit of an outcome measured by an overall indicator, might perverse inequities result for specific sub-groups? In particular, are we likely to be unduly favouring those young women who are committed to a career, and might we be penalising young men in the process?

 

Ministry of Education figures show that, in 2002, there were 192,257 male and 260,164 female students.[8] In other words, female students outnumbered males by 35%. The same source shows that females outnumbered males in public tertiary institutions by 40%. This reflects a longer term trend of female students increasingly outnumbering male tertiary students, with the corresponding figures for 1999 being 24% and 25%. It is inevitable that this will have a major impact on future employment patterns. Despite this, the EEO initiatives suggested in these reports are based on the current situation, and hence, implicitly, on the assumption that, without further intervention, the current situation will continue into the future.

 

3. Broader implications

 

There are several grounds for concern in that this sort of misinformation may reflect wider problems.

 

The HRC report was written by two Auckland University academics and, naturally, published by the Human Rights Commission. It sends signals about both the nature of academic work and the operation of the Commission. The Taskforce has the support of the current government. Both reports are significant documents, and reflect entrenched positions.

 

Further grounds for concern are provided by the National Advisory Council on the Employment of Women, which consists solely of women. Eight of the council members are appointed by the Minister of Labour, two represent the unions, and one represents Business New Zealand. The NACEW organised a conference at the end of June 2004 on pay and employment equity for women.[9] Papers predominantly supported the government’s preferred position. The 10 conference keynote speakers were all women. Only one of the 22 session papers was authored by men.

 

3.1 Questioning Affirmative Action

 

The two reports promote affirmative action, without addressing potential problems. The issue of affirmative action has been critically considered in a recently published book by Thomas Sowell.[10] Among the points he raises:

 

a) He asks, if differences are taken to demonstrate discrimination, does the success of Jews or Chinese demonstrate that they discriminate against the dominant majorities? (Sowell p.170-172) To take this point further, if differences between men and women are taken as being the result of discrimination, how are differences between women explained?

 

b) He cautions about the effects of affirmative action policies:

 

“…there is much in the history of affirmative action policies around the world that should never be repeated. In too many countries, such policies have turned out to be ways of producing relatively minor benefits for a few and major problems for society as a whole.” (ibid p.166)

 

“…similar incentives and constraints tend to produce similar consequences among human beings in widely disparate circumstances. The fact that many of these consequences were not anticipated by those who promoted group preferences creates a painful contrast with the confident and sweeping assertions with which such policies were begun. Those who thought that they were directing the course of events often discovered that they had simply opened the floodgates and that events were taking a course far different from what had been envisioned.” (pp.166-7)

 

In neither of the reports discussed above was there any detailed analysis of the possible effects of suggested policies, taking into account changed incentives and resulting changed behaviour.

 

c) He talks of the true effects of affirmative action policies being disguised through considering overall outcomes for whole groups, rather than identifying any changed outcomes for those directly affected by the policies. In the context of this paper, how many women would have successful careers without special measures being taken? More generally, the effects of an implemented policy can only really be assessed in comparison to what would have happened otherwise, a situation which we do not usually observe.

 

d) There can be significant political consequences from affirmative action policies:

 

“…it was not the disparities, but the politicization of those disparities and promotion of group identity politics, which was the harbinger of intergroup hostility and violence.” (p.179)

 

“…success at group identity politics tends to expand the list of grievances and ‘enemies’ necessary to keep the movement viable and its leaders powerful.” (p.180)

 

“What a movement needs for its own survival is not a set of concessions won in the past, though these may be celebrated, but an inventory of demands still outstanding, grievances still unassuaged, and ‘enemies’ still to be dealt with.” (p.181)

 

Note that affirmative action has an impact not just in terms of “righting wrongs”, but also, above and beyond addressing the issues, through changing the political dynamics. New Zealand should also have learned lessons from the interventions of the Muldoon era, when businesses could gain more from investing in lobbying than from understanding the needs of the market.

 

e) A focus on affirmative action and associated indicators could direct attention away from other, relevant issues and solutions. As an analogous example, Sowell writes:

 

“In the field of medicine, it has long been recognised that even a false cure that is wholly harmless in itself can be catastrophic in its consequences if it substitutes for a real cure for a deadly disease.” (p.185)

 

f) Policies may not benefit those most disadvantaged: “…preferential programmes for the less fortunate [groups] end up helping disproportionately the more fortunate [within the groups]” (p.187) Moreover: “The very modest benefits of affirmative action, concentrated on those already more fortunate, with little or no benefits to those who are truly disadvantaged, has often been blamed on insufficient zeal, or even bad faith, on the part of those administering affirmative action programmes.” (pp.195-6) This last point may be illustrated by the discussion on “normative commitment” on pp.118-9 of the HRC Report.

 

g) Affirmative action 1) leads people to question the actual achievements of those in the favoured groups, and 2) can lead to a withdrawal (e.g. emigration) of members of non-favoured groups (p.197).

 

Sowell is highly critical of affirmative action, but he illustrates his points with observations from past experience, and he highlights potential problems with affirmative action policies. Any balanced assessment of such policies should consider these points.

 

3.2 Democratic Fundamentals

 

Perhaps the greatest concern that I would have with the New Zealand policy scene described here is that it shows little regard for, or understanding of, some of the fundamental aspects of a democracy. While there is no unique democratic structure, all democracies are based on complex checks and balances. These have evolved over time in recognition of the dangers arising from too great a concentration of power in the hands of a small number of people. Institutions have sometimes clearly defined functions, such as universities being independent critics of society, while maintaining academic rigour. People in key positions, ministers, judges, senior public servants, have associated responsibilities, which should also constrain their behaviour. It may not be possible to specify precisely and uniquely the fundamental institutional aspects of democracy, but we may be able to identify situations where some of these aspects appear to be disregarded. The following are indicative of these issues.

 

3.2.1 Use of law to implement policy, and Phil Goff

 

Recently, compensation was awarded to six people who had been mistreated while in prison. In a media release on 2 September 2004, Minister of Justice Phil Goff said:

 

"I find it personally offensive that people who have shown no consideration for their victims, have committed grievous crimes, and frequently show no remorse whatsoever, should have to be compensated for alleged wrongs done to them." [11]

 

I include this here because it raises numerous questions of general relevance. Law is central to the implementation of much economic policy. Members of Parliament see legislation, including that arising from private members’ bills, as a major mechanism for influencing policy. The operation of, and compliance with the law depend on public perceptions of the law and legal institutions. Phil Goff’s statement and subsequent actions lead me to ask the following:

Is it appropriate for a Minister of Justice 1) to be so critical of judicial decisions based on the law as it stands? and 2) to refer to “alleged” wrongs, if a legal judgement has been made?

Is his objection in relation to the compensation, or to the enforcement of the legal rights of prisoners?

 

It would appear that the fundamental issue is that we have two approaches operating in parallel. One focuses on penalties for the offender, and the other on compensation for the victim. The Minister appears to object to someone being imprisoned through the former approach, and then receiving compensation under the latter on another matter. Surely the issue is one of parallel systems giving possible inconsistencies. These systems have been introduced through legislation passed by Parliament. It is therefore for Parliament to debate and, if necessary, resolve this wider issue. It is not for the Minister of Justice to criticise lawyers and judges for implementing the law as given. His current reaction is not conducive to respect for the law, or, arguably, maintaining the dignity of his office.

 

This is a single example, but there was no marked response suggesting inappropriate behaviour. Presumably, therefore, it was considered acceptable, or at least unremarkable.  In that lies its significance. Can we expect laws to be made and implemented in an orderly and consistent manner, with respect for broader principles and an understanding of institutional boundaries? If this is in doubt, then legislation is suspect in any area, including that of pay and employment equity.

 

3.2.2 Government, Sheilas and changing culture

 

I want now to return to the issue of policies to change the culture of New Zealand. A programme, Sheilas 28 years on” was broadcast on TV1 on 4 September 2004. There is an associated study guide for use in schools.[12] It includes the following:

 

“Social action now

Ask the students as a class to make a list of all the methods of creating social change that they can think of… These include and are not limited to:

·        Petitions and referenda

·        Protest marches and hikoi

·        Sit-ins

·        Starting action and/or consciousness raising groups

·        Going door to door

·        Mass media activity:

o       Press releases

o       Contacting television and radio news

o       Starting web sites, web logs, mailing lists and newsgroups

o       Making and distributing flyers and posters

o       Publishing books”

(p.9)

 

I find it notable that there is no mention of such normal democratic channels as voting, approaching your their MP, making a submission to a select committee, or joining a political party. Nor is it suggested that they might need to learn about the issues, debate with others and find their views, or identify and weigh up possible policy options. There is not even the idea that students could learn from history, although, to quote George Santayana, “Those who cannot learn form history are doomed to repeat it.” Should our children be taught in school that participating in a democracy is a matter of demonstrating, protesting and “consciousness raising”, with no requirement to become informed first?

 

3.2.3 Human Rights and Epstein

 

A while ago someone pointed me to the proceedings of a seminar on human rights held in Auckland in 1995 (Epstein 1996). In his presentation, Richard Epstein argued strongly for minimalist legislation, giving everyone freedom to do business with anyone on whatever terms and conditions they choose, and also freedom to refuse to do business for whatever reason, for example. I did not find this convincing, in that I could imagine situations where individuals or groups are disadvantaged such that intervention may be socially desirable, and where such intervention might involve legislation.[13]

 

The seminar included a response by Pamela Jefferies, a Human Rights Commissioner. Her response led me to view Epstein’s position far more favourably. In particular, she demonstrated that, once it is accepted that legislation can be used to differentiate between individuals according to membership of a group, the reasoning underpinning the interventions could be strongly agenda-driven and ideological. For example, she states favourably that women comprised more than 50 percent of the enrolments in both law schools and accounting schools. The same could be said of medical schools, and this has been recognised as potentially problematic due to lower workforce participation by women doctors.[14] She also says that, prior to 1977:

 

“It was quite legitimate for an employer to say to an individual: ‘We will not employ you for this particular job because you are a woman. This career is not available to you.’” (Epstein p.19)

 

This does not mean that such a problem necessarily existed, or that there were no reasons for selecting men over women. Nor does it mean that there were or are no situations where men might be treated less favourably than women, or that principles are applied consistently over a range of issues. In fact, the gendered approach to policy has led to overt differential treatment of men and women. For example, domestic violence legislation includes the gender specific charge of male assaults female, and the Domestic Violence Act is openly described as having at its heart the concept that “domestic violence is about the use of power by men to control their women partners”.[15] Jefferies also refers to legislative responses to CEDAW and UNCROC, although these have been drawn on selectively to support specific positions, rather than being considered in their entirety.[16]

 

If there are reasons to doubt the suitability of policies, and policies may not be applied with due analysis of the consequences, then there are strong grounds for limiting the powers available. This point was also made when discussing my three questions in section 2.2 above.

 

3.2.4 Procedural Justice

 

In economics, collective choice literature such as Sen (1970) recognises that we may be concerned not only with the choices made, but also with the way in which those choices are determined. A similar theme can be found in literature on procedural justice. While this originates in psychological and legal writing, the principles have more recently been applied to decision making more generally. Several procedural elements have been identified. Tyler (2000) describes four in his paper on social justice:

 

…four elements of procedures are the primary factors that contribute to judgements about their fairness: opportunities for participation (voice), the neutrality of the forum, the trustworthiness of the authorities, and the degree to which people receive treatment with dignity and respect.” (p.121)

 

It could be an interesting and fruitful exercise to see whether, on these principles, policy development is considered to be procedurally fair.

 

4. Conclusions

 

I began by saying that this paper had implications for education, law and economics. Briefly, and in turn these implications are:

 

For education, are our young people being taught how our political systems should work? Is there a need for structured civics education? Also, when shaping our education programmes, we should ensure that we are asking the right questions. In particular, are we educating for the sort of future lives young people, want to have?

 

For law, legislation results from political processes. There may be underlying agendas and imperfect debate. There needs to be an awareness of both the limitations and the underlying principles of law.

 

For economics, while regulation got a bad name under Muldoon, there may be a resurgence with increased state interference in people’s personal lives without regard for economic factors. The criteria of procedural justice may also provide a fruitful area for research.

 

References

 

Books, etc.:

 

Baxter R and Birks S (2004) The Student Debt Debate: An Economic Investigation of the Issues, Student Paper No.5, Centre for Public Policy Evaluation, Massey University, http://econ.massey.ac.nz/cppe/papers/cppesp05/cppesp05.pdf

 

Birks S (ed.) (2000) Inclusion or Exvclusion: Family Strategy and Policy, Issues Paper No.9,  Centre for Public Policy Evaluation, Massey University, Palmerston North, http://econ.massey.ac.nz/cppe/papers/cppeip09/cppeip09.pdf

 

Birks S (2003) “Aggregation, Bias and Confusion – Distortions in Policy”, Chapter 3 of Birks S (ed.) (2003) Economics and Policy – Worlds Apart? Issues Paper No.14, Centre for Public Policy Evaluation, Massey University, Palmerston North, http://econ.massey.ac.nz/cppe/papers/cppeip14/cppeip14.pdf

 

Collie L and Marquat S (2004) Sheilas 28 years on, Studyguide

http://images.tvnz.co.nz/tvnz_images/tvone/study_guides/sheilas.pdf

 

Epstein R (1996) Human Rights and Anti-discrimination Legislation, Wellington: New Zealand Business Roundtaable

 

Mintrom M and True J (2004) Framework for the Future: Equal Employment Opportunities in New Zealand, Wellington: Human Rights Commission, June, http://www.hrc.co.nz/index.php?p=44860

 

Sen A K (1970) Collective Choice and Social Welfare, San Francisco: Holden-Day

 

Sowell T (2004) Affirmative Action Around the World: An Empirical Study, New Haven: Yale UP.

 

Taskforce (2004) Report of the Taskforce on: Pay and Employment Equity in the Public Service and the Public Health and Public Education Sectors, Wellington: Department of Labour, March, http://www.ers.dol.govt.nz/about/TaskforceReport.pdf

 

Tyler T (2000) “Social Justice: Outcome and Procedure”, International Journal of Psychology, Vol.35(2), pp.117-125

 

Vincent C (1996) “Parent Empowerment? Collective action and inaction in education”, Oxford Review of Education, Vol.22(4), pp.465-482

 

Media releases:

 

Minister of Justice Phil Goff on 2 September 2004,

http://www.beehive.govt.nz/PrintDocument.cfm?DocumentID=20808

 

State Services Minister Trevor Mallard on 12 August 2003, http://www.beehive.govt.nz/ViewDocument.cfm?DocumentID=17544

 

Minister of Women’s Affairs Ruth Dyson on 12 August 2003, http://www.beehive.govt.nz/ViewDocument.cfm?DocumentID=17545

 

Minister of Women’s Affairs Ruth Dyson on 16 December 2003, http://www.beehive.govt.nz/ViewDocument.cfm?DocumentID=18648

 

Media  articles:

 

McCurdy D (2004) “Women widen horizons in medical world”, New Zealand Herald, 4 September

 

“Unhealthy appearance”, The Times (London), 22 February 2002

 

“Violinists' fury at 'pay fiddle'”, 24 March 2004, http://news.bbc.co.uk/2/hi/entertainment/3564071.stm

 

 



* Centre for Public Policy Evaluation, Massey University, Palmerston North, New Zealand. k.s.birks@massey.ac.nz

[1] This paper forms the second part of a joint presentation with Rachel Baxter, who discussed her research, published as Baxter R and Birks S (2004) The Student Debt Debate: An Economic Investigation of the Issues, Student Paper No.5, Centre for Public Policy Evaluation, Massey University, http://econ.massey.ac.nz/cppe/papers/cppesp05/cppesp05.pdf

[2] Taskforce (2004)

[3] Mintrom and True (2004)

[4]  State Services Minister Trevor Mallard on 12 August 2003, http://www.beehive.govt.nz/ViewDocument.cfm?DocumentID=17544, and Minister of Women’s Affairs Ruth Dyson in an identical release on the same day, http://www.beehive.govt.nz/ViewDocument.cfm?DocumentID=17545, and again in a release on 16 December, http://www.beehive.govt.nz/ViewDocument.cfm?DocumentID=18648

[5] The HRC Report does give a brief mention to age, but in terms of claims that it is harder for older unemployed to find work.

[6] Although this extract from the report includes a quote, no precise source is given. Rather, four documents are listed in a footnote, with no specific page number for any of them.

[7] There was another recent example of non-market reasoning being used to claim higher pay: “Violinists in a German orchestra are suing for a pay rise on the grounds that they play many more notes per concert than their colleagues.” (“Violinists' fury at 'pay fiddle'”, 24 March 2004, http://news.bbc.co.uk/2/hi/entertainment/3564071.stm)

[8] Tertiary Education Full Year Key Statistics and Indicators 1999 – 2002, for Tertiary Education Providers Funded by the Ministry of Education or Delivering to Students in Receipt of Student Loans and/or Allowances, http://www.minedu.govt.nz/web/downloadable/dl7548_v1/7548-key-indicators-ts-2002.xls

[10] Sowell (2004). There are parallels with some of his points in a New Zealand gender context in Birks (2003).

[12] Collie L and Marquat S (2004) 

[13] There could be parallels with the discussion of empowerment in Vincent (1996). She refers to a social democratic understanding of empoewerment, in the context of “powerless groups”. She suggests that this concept was usurped by conservatives, who refocused it in individualistic terms, irrespective of circumstances.

[14] See, for example,  “Unhealthy appearance”, The Times (London), 22 February 2002, and McCurdy D (2004) “Women widen horizons in medical world”, New Zealand Herald, 4 September. It is perhaps paradoxical that small rural hospitals are being closed partly due the dangers from doctors performing procedures to seldom, when no concerns are raised about the limited experience of part-time doctors.

[15] In a submission by the Women’s Consultative Group of the New Zealand Law Society to the Law Commission on Preliminary Paper No.41: Battered Defendants: Victims of Domestic Violence Who Offend, 8 November 2000.

[16] On CEDAW, see for example p36 of Birks (2003). On UNCROC, see for example pp.51-52 of Birks (2000).