The Law of Unemployment: Has Equality Law Been Captured by Friedman’s Ideologues?

Abstract

The second half of the twentieth century saw in Western democracies the rise of individual rights at same time the demise of collective ones. Within this pattern, we saw collective labour rights give way to individual employment ones. What is particularly noticeable over this period is the paradoxical coincidence of growing employment equality rights alongside increasing economic inequality. Many would argue that the existing equality laws are not strong enough. However, it is arguable that in fact equality law has been an instrument of economic inequality, wielded by Friedman’s ‘cronies’ (beginning most conspicuously with Reagan and Thatcher). It does this by increasing the labour pool, making it easier for employers to expand and contribute to economic growth, but also facilitates the cruel weapon of unemployment to control inflation. This chapter details how particular anti-discrimination laws facilitate inequality, and argues that the one protected characteristic, social economic status, should be included within the equality law scheme.