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Contract-Based Proactive Obligations toPromote Equality in Employment:Four Approaches

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Chapter Summary

An integrated European Union presents certain challenges for member countries wishing to promote equality in employment through the use of the public procurement process. The Interpretative Communication divides the procurement process into four phases: (1) definition of subject matter of contract, (2) selection of candidates or tenderers, (3) award of the contract and (4) execution of the contract. Use of the procurement process to promote social objectives is not new in Great Britain. From1891 until 1983 the government used the procurement process to promote the payment of fair wages and the use of reasonable working conditions in the private sector. Commission for racial equality's (CRE) guidance is to a large extent focused on how government authorities can use the procurement process to promote racial equality regarding the services being delivered by contractors. The Executive Order's contract-based regime for promoting equality in employment is known in the USA as contract compliance.

Keywords: commission for racial equality (CRE); contract compliance units; contract-based proactive obligations; employment equality; European union treaty law; Great Britain; public procurement process



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