Formal equality of opportunity, or procedural justice (Weale, 1996), underpins UK anti-discrimination legislation and anti-discriminatory statements in EO policies and some United States policies. This notion formed the core of such legislation as the Sex Discrimination Act 1975 (amended 1986), Race Relations Act (1976, amended 2000) and Disability Discrimination Act 1995, now superseded by the Equality Act 2010. The concept is that when two individuals have equal status in at least one normatively relevant respect, they must be treated equally in this regard. Formal equality adopts Aristotle’s principle that “injustice arises when equals are treated unequally and also when unequals are treated equally” (Aristotle, Nicomachean Ethics (Book V)). The formal ideal is equality of treatment; that all will be treated equally, unless otherwise justified by knowledge, experience or ability. Within the formal model, equality is defined as ‘fairness’, which should ensure that equals, or the equally qualified, have an equal probability of selection for education or employment positions. The fundamental aim is to inhibit direct discrimination or the use of ‘irrelevant’ criteria in selection
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