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The Public Sector

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Abstract

Thus far we have looked at the problems of employment discrimination either in terms of national patterns or in relation to the practices of private employers. The public sector, in which hiring policies are much more standardised and centralised, and which may be more directly guided by government policy, requires separate treatment. In this chapter we first look at employment in the Civil Service and the nationalised industries. Next considered is the potential use of the power of central government in the market-place — as a consumer of goods produced in the private sector — as a means of securing that its contractors do not discriminate, or indeed make active efforts to ensure equal opportunity. The last area examined is employment by the police, in which decisions are largely made independently by each Force, though in some respects uniform national standards must be applied.

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Notes

  1. These estimates appear in NEDO, A Study of United Kingdom Nationalised Industries (HMSO, 1976) p. 13 (main volume).

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  2. See generally, C. Turpin, Government Contracts (Penguin Books, 1969) chap. 9, entitled ‘Procurement as an Instrument of Public Policy’.

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  3. See further,Elliott, (1978) 7 I.L.J. 120, and Ganz, [1978] Pub. L. 333.

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  4. See further, B. Bercusson, Fair Wages Resolutions (Mansell, 1978)

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  5. O. Kahn-Freund, Labour and the Law (Stevens, 2nd edn, 1977) pp. 158–60.

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  6. That year saw the promulgation of Executive Order No. 11246 which, though often amended, remains the paramount legal instrument. See further, B. Schlei and P. Grossman, Employment Discrimination Law (Washington, BNA, 1976) chap. 25; Note, 44 N. Y U.L. Rev. 590 (1969).

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  7. Goldstein and Smith, ‘The Estimated Impact of the Anti-discrimination Program Aimed at Federal Contractors’, 29 Ind. & Lab. Rel. Rev. 523, 524 (1976).

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  8. See further, G. Marshall, Police and Government (1965) passim, and W&P/B, chap. 20.

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© 1980 Laurence Lustgarten

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Lustgarten, L. (1980). The Public Sector. In: Legal Control of Racial Discrimination. Palgrave, London. https://doi.org/10.1007/978-1-349-16439-4_8

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