Search This Blog

Monday, April 12, 2021

Labor unions in the United States

From Wikipedia, the free encyclopedia
 
Labor unions in the United States
One job should be enough.jpg
Hotel union workers strike with the slogan "One job should be enough"
National organization(s)AFL-CIO, CtW, IWW
Regulatory authorityUnited States Department of Labor
National Labor Relations Board
Primary legislationNational Labor Relations Act
Taft-Hartley Act
Total union membership14.6 million
Percentage of workforce;  ▪ Total: 10.3%

  ▪ Public sector: 33.6%
  ▪ Private sector: 6.2%

Demographics
  ▪ Age 16–24: 4.4%
  ▪ 25–34: 8.8%
  ▪ 35–44: 11.8%
  ▪ 45–54: 12.6%
  ▪ 55–64: 12.7%
  ▪ 65 and over: 9.7%

  ▪ Women: 9.7%
  ▪ Men:

10.8%
Standard Occupational Classification  ▪ Management, professional:

11.9%
  ▪ Service: 9.2%
  ▪ Sales and office: 6.5%
  ▪ Natural resources, construction, and
  maintenance: 15.3%
  ▪ Production, transportation, and
  material moving:

14.8%
International Labour Organization
United States is a member of the ILO
Convention ratification
Freedom of AssociationNot ratified
Right to OrganiseNot ratified

Labor unions in the United States are organizations that represent workers in many industries recognized under US labor law since the 1935 enactment of the National Labor Relations Act. Their activity today centers on collective bargaining over wages, benefits, and working conditions for their membership, and on representing their members in disputes with management over violations of contract provisions. Larger trade unions also typically engage in lobbying activities and electioneering at the state and federal level.

Most unions in the United States are aligned with one of two larger umbrella organizations: the AFL-CIO created in 1955, and the Change to Win Federation which split from the AFL-CIO in 2005. Both advocate policies and legislation on behalf of workers in the United States and Canada, and take an active role in politics. The AFL-CIO is especially concerned with global trade issues.

The percentage of workers belonging to a union (or total labor union "density") varies by country. In 2019 it was 10.3% in the United States, compared to 20.1% in 1983. There were 14.6 million members in the U.S., down from 17.7 million in 1983. Union membership in the private sector has fallen to 6.2%, one fifth that of public sector workers, at 33.6%. Over half of all union members in the U.S. lived in just seven states (California, New York, Illinois, Pennsylvania, New Jersey, Ohio, and Washington), though these states accounted for only about one-third of the workforce. From a global perspective, in 2016 the US had the fifth lowest trade union density of the 36 OECD member nations.

In the 21st century, the most prominent unions are among public sector employees such as city employees, government workers, teachers and police. Members of unions are disproportionately older, male, and residents of the Northeast, the Midwest, and California. Union workers average 10-30% higher pay than non-union in the United States after controlling for individual, job, and labor market characteristics.

Although much smaller compared to their peak membership in the 1950s, American unions remain a political factor, both through mobilization of their own memberships and through coalitions with like-minded activist organizations around issues such as immigrant rights, trade policy, health care, and living wage campaigns. Of special concern are efforts by cities and states to reduce the pension obligations owed to unionized workers who retire in the future. Republicans elected with Tea Party support in 2010, most notably former Governor Scott Walker of Wisconsin, have launched major efforts against public sector unions due in part to state government pension obligations (even though Wisconsin's state pension is 100% funded as of 2015) along with the allegation that the unions are too powerful. The academic literature shows substantial evidence that labor unions reduce economic inequality. Research indicates that rising income inequality in the United States is partially attributable to the decline of the labor movement and union membership.

History

Knights of Labor's seal: "An injury to one is a concern to all."

Unions began forming in the mid-19th century in response to the social and economic impact of the Industrial Revolution. National labor unions began to form in the post-Civil War Era. The Knights of Labor emerged as a major force in the late 1880s, but it collapsed because of poor organization, lack of effective leadership, disagreement over goals, and strong opposition from employers and government forces.

The American Federation of Labor, founded in 1886 and led by Samuel Gompers until his death in 1924, proved much more durable. It arose as a loose coalition of various local unions. It helped coordinate and support strikes and eventually became a major player in national politics, usually on the side of the Democrats.

American labor unions benefited greatly from the New Deal policies of Franklin Delano Roosevelt in the 1930s. The Wagner Act, in particular, legally protected the right of unions to organize. Unions from this point developed increasingly closer ties to the Democratic Party, and are considered a backbone element of the New Deal Coalition.

Post-WWII

Political cartoon showing organized labor marching towards progress, while a shortsighted employer tries to stop labor (1913)

Pro-business conservatives gained control of Congress in 1946, and in 1947 passed the Taft-Hartley Act, drafted by Senator Robert A. Taft. President Truman vetoed it but the Conservative coalition overrode the veto. The veto override had considerable Democratic support, including 106 out of 177 Democrats in the House, and 20 out of 42 Democrats in the Senate. The law, which is still in effect, banned union contributions to political candidates, restricted the power of unions to call strikes that "threatened national security," and forced the expulsion of Communist union leaders (the Supreme Court found the anti-communist provision to be unconstitutional, and it is no longer in force). The unions campaigned vigorously for years to repeal the law but failed. During the late 1950s, the Landrum Griffin Act of 1959 passed in the wake of Congressional investigations of corruption and undemocratic internal politics in the Teamsters and other unions.

In 1955, the two largest labor organizations, the AFL and CIO, merged, ending a division of over 20 years. AFL President George Meany became President of the new AFL-CIO, and AFL Secretary-Treasurer William Schnitzler became AFL-CIO Secretary-Treasurer. The draft constitution was primarily written by AFL Vice President Matthew Woll and CIO General Counsel Arthur Goldberg, while the joint policy statements were written by Woll, CIO Secretary-Treasurer James Carey, CIO vice presidents David McDonald and Joseph Curran, Brotherhood of Railway Clerks President George Harrison, and Illinois AFL-CIO President Reuben Soderstrom.

The percentage of workers belonging to a union (or "density") in the United States peaked in 1954 at almost 35% (citation needed) and the total number of union members peaked in 1979 at an estimated 21.0 million. Membership has declined since, with private sector union membership beginning a steady decline that continues into the 2010s, but the membership of public sector unions grew steadily.

Labor union voting by federal workers at the Oak Ridge National Laboratory (1948)

After 1960 public sector unions grew rapidly and secured good wages and high pensions for their members. While manufacturing and farming steadily declined, state- and local-government employment quadrupled from 4 million workers in 1950 to 12 million in 1976 and 16.6 million in 2009. Adding in the 3.7 million federal civilian employees, in 2010 8.4 million government workers were represented by unions, including 31% of federal workers, 35% of state workers and 46% of local workers.

By the 1970s, a rapidly increasing flow of imports (such as automobiles, steel and electronics from Germany and Japan, and clothing and shoes from Asia) undercut American producers. By the 1980s there was a large-scale shift in employment with fewer workers in high-wage sectors and more in the low-wage sectors. Many companies closed or moved factories to Southern states (where unions were weak), countered the threat of a strike by threatening to close or move a plant, or moved their factories offshore to low-wage countries. The number of major strikes and lockouts fell by 97% from 381 in 1970 to 187 in 1980 to only 11 in 2010. On the political front, the shrinking unions lost influence in the Democratic Party, and pro-Union liberal Republicans faded away. Union membership among workers in private industry shrank dramatically, though after 1970 there was growth in employees unions of federal, state and local governments. The intellectual mood in the 1970s and 1980s favored deregulation and free competition. Numerous industries were deregulated, including airlines, trucking, railroads and telephones, over the objections of the unions involved. The climax came when President Ronald Reagan—a former union president—broke the Professional Air Traffic Controllers Organization (PATCO) strike in 1981, dealing a major blow to unions.

Republicans began to push through legislative blueprints to curb the power of public employee unions as well as eliminate business regulations.

Labor unions today

Union members rally to reject union busting in New Orleans (2019)

Today most labor unions (or trade unions) in the United States are members of one of two larger umbrella organizations: the American Federation of Labor–Congress of Industrial Organizations (AFL-CIO) or the Change to Win Federation, which split from the AFL-CIO in 2005-2006. Both organizations advocate policies and legislation favorable to workers in the United States and Canada, and take an active role in politics favoring the Democratic party but not exclusively so. The AFL-CIO is especially concerned with global trade and economic issues.

Private sector unions are regulated by the National Labor Relations Act (NLRA), passed in 1935 and amended since then. The law is overseen by the National Labor Relations Board (NLRB), an independent federal agency. Public sector unions are regulated partly by federal and partly by state laws. In general they have shown robust growth rates, because wages and working conditions are set through negotiations with elected local and state officials.

To join a traditional labor union, workers must either be given voluntary recognition from their employer or have a majority of workers in a bargaining unit vote for union representation. In either case, the government must then certify the newly formed union. Other forms of unionism include minority unionism, solidarity unionism, and the practices of organizations such as the Industrial Workers of the World, which do not always follow traditional organizational models.

Public sector worker unions are governed by labor laws and labor boards in each of the 50 states. Northern states typically model their laws and boards after the NLRA and the NLRB. In other states, public workers have no right to establish a union as a legal entity. (About 40% of public employees in the USA do not have the right to organize a legally established union.)

A review conducted by the federal government on pay scale shows that employees in a labor union earn up to 33% more income than their nonunion counterparts, as well as having more job security, and safer and higher-quality work conditions. The median weekly income for union workers was $973 in 2014, compared with $763 for nonunion workers.

Labor negotiations

Once the union won the support of a majority of the bargaining unit and is certified in a workplace, it has the sole authority to negotiate the conditions of employment. Under the NLRA, employees can also, if there is no majority support, form a minority union which represents the rights of only those members who choose to join. Businesses, however, do not have to recognize the minority union as a collective bargaining agent for its members, and therefore the minority union's power is limited. This minority model was once widely used, but was discarded when unions began to consistently win majority support. Unions are beginning to revisit the members-only model of unionism, because of new changes to labor law, which unions view as curbing workers' ability to organize.

The employer and the union write the terms and conditions of employment in a legally binding contract. When disputes arise over the contract, most contracts call for the parties to resolve their differences through a grievance process to see if the dispute can be mutually resolved. If the union and the employer still cannot settle the matter, either party can choose to send the dispute to arbitration, where the case is argued before a neutral third party.

Worker slogan used during the 2011 Wisconsin protests

Right-to-work statutes forbid unions from negotiating union shops and agency shops. Thus, while unions do exist in "right-to-work" states, they are typically weaker.

Members of labor unions enjoy "Weingarten Rights." If management questions the union member on a matter that may lead to discipline or other changes in working conditions, union members can request representation by a union representative. Weingarten Rights are named for the first Supreme Court decision to recognize those rights.

The NLRA goes farther in protecting the right of workers to organize unions. It protects the right of workers to engage in any "concerted activity" for mutual aid or protection. Thus, no union connection is needed. Concerted activity "in its inception involves only a speaker and a listener, for such activity is an indispensable preliminary step to employee self-organization."

Unions are currently advocating new federal legislation, the Employee Free Choice Act (EFCA), that would allow workers to elect union representation by simply signing a support card (card check). The current process established by federal law requires at least 30% of employees to sign cards for the union, then wait 45 to 90 days for a federal official to conduct a secret ballot election in which a simple majority of the employees must vote for the union in order to obligate the employer to bargain.

Unions report that, under the present system, many employers use the 45- to 90-day period to conduct anti-union campaigns. Some opponents of this legislation fear that removing secret balloting from the process will lead to the intimidation and coercion of workers on behalf of the unions. During the 2008 elections, the Employee Free Choice Act had widespread support of many legislators in the House and Senate, and of the President. Since then, support for the "card check" provisions of the EFCA subsided substantially.

Membership

Rise and fall of union membership density in the US by percent of industry

Union membership had been declining in the US since 1954, and since 1967, as union membership rates decreased, middle class incomes shrank correspondingly. In 2007, the labor department reported the first increase in union memberships in 25 years and the largest increase since 1979. Most of the recent gains in union membership have been in the service sector while the number of unionized employees in the manufacturing sector has declined. Most of the gains in the service sector have come in West Coast states like California where union membership is now at 16.7% compared with a national average of about 12.1%. Historically, the rapid growth of public employee unions since the 1960s has served to mask an even more dramatic decline in private-sector union membership.

At the apex of union density in the 1940s, only about 9.8% of public employees were represented by unions, while 33.9% of private, non-agricultural workers had such representation. In this decade, those proportions have essentially reversed, with 36% of public workers being represented by unions while private sector union density had plummeted to around 7%. The US Bureau of Labor Statistics most recent survey indicates that union membership in the US has risen to 12.4% of all workers, from 12.1% in 2007. For a short period, private sector union membership rebounded, increasing from 7.5% in 2007 to 7.6% in 2008. However, that trend has since reversed. In 2013 there were 14.5 million members in the U.S., compared with 17.7 million in 1983. In 2013, the percentage of workers belonging to a union was 11.3%, compared to 20.1% in 1983. The rate for the private sector was 6.4%, and for the public sector 35.3%.

In the ten years 2005 through 2014, the National Labor Relations Board recorded 18,577 labor union representation elections; in 11,086 of these elections (60 percent), the majority of workers voted for union representation. Most of the elections (15,517) were triggered by employee petitions for representation, of which unions won 9,933. Less common were elections caused by employee petitions for decertification (2792, of which unions won 1070), and employer-filed petitions for either representation or decertification (268, of which unions won 85).

Labor education programs

Union members protest against another government shutdown (2019)

In the US, labor education programs such as the Harvard Trade Union Program created in 1942 by Harvard University professor John Thomas Dunlop sought to educate union members to deal with important contemporary workplace and labor law issues of the day. The Harvard Trade Union Program is currently part of a broader initiative at Harvard Law School called the Labor and Worklife Program that deals with a wide variety of labor and employment issues from union pension investment funds to the effects of nanotechnology on labor markets and the workplace.

Cornell University is known to be one of the leading centers for labor education in the world, establishing the Cornell University School of Industrial and Labor Relations in 1945. The school's mission is to prepare leaders, inform national and international employment and labor policy, and improve working lives through undergraduate and graduate education. The school publishes the Industrial and Labor Relations Review and had Frances Perkins on its faculty. The school has six academic departments: Economics, Human Resource Management, International and Comparative Labor, Labor Relations, Organizational Behavior, and Social Statistics. Classes include "Politics of the Global North" and "Economic Analysis of the University."

Jurisdiction

Labor unions use the term jurisdiction to refer to their claims to represent workers who perform a certain type of work and the right of their members to perform such work. For example, the work of unloading containerized cargo at United States ports, which the International Longshoremen's Association, the International Longshore and Warehouse Union and the International Brotherhood of Teamsters have claimed rightfully should be assigned to workers they represent. A jurisdictional strike is a concerted refusal to work undertaken by a union to assert its members' right to such job assignments and to protest the assignment of disputed work to members of another union or to unorganized workers. Jurisdictional strikes occur most frequently in the United States in the construction industry.

Unions also use jurisdiction to refer to the geographical boundaries of their operations, as in those cases in which a national or international union allocates the right to represent workers among different local unions based on the place of those workers' employment, either along geographical lines or by adopting the boundaries between political jurisdictions.

Public opinion

Although not as overwhelmingly supportive as it was from the 1930s through the early 1960s, a clear majority of the American public approves of labor unions. The Gallup organization has tracked public opinion of unions since 1936, when it found that 72 percent approved of unions. The overwhelming approval declined in the late 1960s, but - except for one poll in 2009 in which the unions received a favorable rating by only 48 percent of those interviewed, majorities have always supported labor unions. A Gallup Poll released August 2018 showed 62% of respondents approving unions, the highest level in over a decade. Disapproval of unions was expressed by 32%.

On the question of whether or not unions should have more influence or less influence, Gallup has found the public consistently split since Gallup first posed the question in 2000, with no majority favoring either more influence or less influence. In August 2018, 39 percent wanted unions to have more influence, 29 percent less influence, with 26 percent wanting the influence of labor unions to remain about the same.

A Pew Research Center poll from 2009-2010 found a drop in labor union support in the midst of The Great Recession sitting at 41% favorable and 40% unfavorable. In 2018, union support rose to 55% favorable with just 33% unfavorable Despite this union membership had continued to fall.

Possible causes of drop in membership

As union membership declined income inequality rose. The US does not require employee representatives on boards of directors, or elected work councils.

Although most industrialized countries have seen a drop in unionization rates, the drop in union density (the unionized proportion of the working population) has been more significant in the United States than elsewhere.

Global trends

The US Bureau of Labor Statistics surveyed the histories of union membership rates in industrialized countries from 1970 to 2003, and found that of 20 advanced economies which had union density statistics going back to 1970, 16 of them had experienced drops in union density from 1970 to 2003. Over the same period during which union density in the US declined from 23.5 percent to 12.4 percent, some counties saw even steeper drops. Australian unionization fell from 50.2 percent in 1970 to 22.9 percent in 2003, in New Zealand it dropped from 55.2 percent to 22.1 percent, and in Austria union participation fell from 62.8 percent down to 35.4 percent. All the English-speaking countries studied saw union membership decline to some degree. In the United Kingdom, union participation fell from 44.8 percent in 1970 to 29.3 percent in 2003. In Ireland the decline was from 53.7 percent down to 35.3 percent. Canada had one of the smallest declines over the period, going from 31.6 percent in 1970 to 28.4 percent in 2003. Most of the countries studied started in 1970 with higher participation rates than the US, but France, which in 1970 had a union participation rate of 21.7 percent, by 2003 had fallen to 8.3 percent. The remaining four countries which had gained in union density were Finland, Sweden, Denmark, and Belgium.

Popularity

Public approval of unions climbed during the 1980s much as it did in other industrialized nations, but declined to below 50% for the first time in 2009 during the Great Recession. It is not clear if this is a long term trend or a function of a high unemployment rate which historically correlates with lower public approval of labor unions.

One explanation for loss of public support is simply the lack of union power or critical mass. No longer do a sizable percentage of American workers belong to unions, or have family members who do. Unions no longer carry the "threat effect": the power of unions to raise wages of non-union shops by virtue of the threat of unions to organize those shops.

Polls of public opinion and labor unions

A historical comparison of union membership as a percentage of all workers and union support in the U.S.

A New York Times/CBS Poll found that 60% of Americans opposed restricting collective bargaining while 33% were for it. The poll also found that 56% of Americans opposed reducing pay of public employees compared to the 37% who approved. The details of the poll also stated that 26% of those surveyed, thought pay and benefits for public employees were too high, 25% thought too low, and 36% thought about right. Mark Tapscott of the Washington Examiner criticized the poll, accusing it of over-sampling union and public employee households.

A Gallup poll released on March 9, 2011, showed that Americans were more likely to support limiting the collective bargaining powers of state employee unions to balance a state's budget (49%) than disapprove of such a measure (45%), while 6% had no opinion. 66% of Republicans approved of such a measure as did 51% of independents. Only 31% of Democrats approved.

A Gallup poll released on March 11, 2011, showed that nationwide, Americans were more likely to give unions a negative word or phrase when describing them (38%) than a positive word or phrase (34%). 17% were neutral and 12% didn't know. Republicans were much more likely to say a negative term (58%) than Democrats (19%). Democrats were much more likely to say a positive term (49%) than Republicans (18%).

A nationwide Gallup poll (margin of error ±4%) released on April 1, 2011, showed the following;

  • When asked if they supported the labor unions or the governors in state disputes; 48% said they supported the unions, 39% said the governors, 4% said neither, and 9% had no opinion.
  • Women supported the governors much less than men. 45% of men said they supported the governors, while 46% said they supported the unions. This compares to only 33% of women who said they supported the governors and 50% who said they supported the unions.
  • All areas of the US (East, Midwest, South, West) were more likely to support unions than the governors. The largest gap being in the East with 35% supporting the governors and 52% supporting the unions, and the smallest gap being in the West with 41% supporting the governors and 44% the unions.
  • 18- to 34-year-olds were much more likely to support unions than those over 34 years of age. Only 27% of 18- to 34-year-olds supported the governors, while 61% supported the unions. Americans ages 35 to 54 slightly supported the unions more than governors, with 40% supporting the governors and 43% the unions. Americans 55 and older were tied when asked, with 45% supporting the governors and 45% the unions.
  • Republicans were much more likely to support the governors when asked with 65% supporting the governors and 25% the unions. Independents slightly supported unions more, with 40% supporting the governors and 45% the unions. Democrats were overwhelmingly in support of the unions. 70% of Democrats supported the unions, while only 19% supported the governors.
  • Those who said they were following the situation not too closely or not at all supported the unions over governors, with a 14–point (45% to 31%) margin. Those who said they were following the situation somewhat closely supported the unions over governors by a 52–41 margin. Those who said that they were following the situation very closely were only slightly more likely to support the unions over the governors, with a 49-48 margin.
Unions and workers protesting together for higher wages (2015)

A nationwide Gallup poll released on August 31, 2011, revealed the following:

  • 52% of Americans approved of labor unions, unchanged from 2010.
  • 78% of Democrats approved of labor unions, up from 71% in 2010.
  • 52% of Independents approved of labor unions, up from 49% in 2010.
  • 26% of Republicans approved of labor unions, down from 34% in 2010.

A nationwide Gallup poll released on September 1, 2011, revealed the following:

  • 55% of Americans believed that labor unions will become weaker in the United States as time goes by, an all-time high. This compared to 22% who said their power would stay the same, and 20% who said they would get stronger.
  • The majority of Republicans and Independents believed labor unions would further weaken by a 58% and 57% percentage margin respectively. A plurality of Democrats believed the same, at 46%.
  • 42% of Americans want labor unions to have less influence, tied for the all-time high set in 2009. 30% wanted more influence and 25% wanted the same amount of influence.
  • The majority of Republicans wanted labor unions to have less influence, at 69%.
  • A plurality of Independents wanted labor unions to have less influence, at 40%.
  • A plurality of Democrats wanted labor unions to have more influence, at 45%.
  • The majority of Americans believed labor unions mostly helped members of unions by a 68 to 28 margin.
  • A plurality of Americans believed labor unions mostly helped the companies where workers are unionized by a 48-44 margin.
  • A plurality of Americans believed labor unions mostly helped state and local governments by a 47-45 margin.
  • A plurality of Americans believed labor unions mostly hurt the US economy in general by a 49-45 margin.
  • The majority of Americans believed labor unions mostly hurt workers who are not members of unions by a 56-34 margin.

Institutional environments

A broad range of forces have been identified as potential contributors to the drop in union density across countries. Sano and Williamson outline quantitative studies that assess the relevance of these factors across countries. The first relevant set of factors relate to the receptiveness of unions' institutional environments. For example, the presence of a Ghent system (where unions are responsible for the distribution of unemployment insurance) and of centralized collective bargaining (organized at a national or industry level as opposed to local or firm level) have both been shown to give unions more bargaining power and to correlate positively to higher rates of union density.

Unions have enjoyed higher rates of success in locations where they have greater access to the workplace as an organizing space (as determined both by law and by employer acceptance), and where they benefit from a corporatist relationship to the state and are thus allowed to participate more directly in the official governance structure. Moreover, the fluctuations of business cycles, particularly the rise and fall of unemployment rates and inflation, are also closely linked to changes in union density.

Labor legislation

Workers speak in support of the Workplace Democracy Act which makes it easier to unionize (2018)

Labor lawyer Thomas Geoghegan attributes the drop to the long-term effects of the 1947 Taft-Hartley Act, which slowed and then halted labor's growth and then, over many decades, enabled management to roll back labor's previous gains.

First, it ended organizing on the grand, 1930s scale. It outlawed mass picketing, secondary strikes of neutral employers, sit downs: in short, everything [Congress of Industrial Organizations founder John L.] Lewis did in the 1930s.

The second effect of Taft-Hartley was subtler and slower-working. It was to hold up any new organizing at all, even on a quiet, low-key scale. For example, Taft-Hartley ended "card checks." … Taft-Hartley required hearings, campaign periods, secret-ballot elections, and sometimes more hearings, before a union could be officially recognized.

It also allowed and even encouraged employers to threaten workers who want to organize. Employers could hold "captive meetings," bring workers into the office and chew them out for thinking about the Union.

And Taft-Hartley led to the "union-busting" that started in the late 1960s and continues today. It started when a new "profession" of labor consultants began to convince employers that they could violate the [pro-labor 1935] Wagner Act, fire workers at will, fire them deliberately for exercising their legal rights, and nothing would happen. The Wagner Act had never had any real sanctions.
[…]

So why hadn't employers been violating the Wagner Act all along? Well, at first, in the 1930s and 1940s, they tried, and they got riots in the streets: mass picketing, secondary strikes, etc. But after Taft-Hartley, unions couldn't retaliate like this, or they would end up with penalty fines and jail sentences.

In general, scholars debate the influence of politics in determining union strength in the US and other countries. One argument is that political parties play an expected role in determining union strength, with left-wing governments generally promoting greater union density, while others contest this finding by pointing out important counterexamples and explaining the reverse causality inherent in this relationship.

Economic globalization

More recently, as unions have become increasingly concerned with the impacts of market integration on their well-being, scholars have begun to assess whether popular concerns about a global "race to the bottom" are reflected in cross-country comparisons of union strength. These scholars use foreign direct investment (FDI) and the size of a country's international trade as a percentage of its GDP to assess a country's relative degree of market integration. These researchers typically find that globalization does affect union density, but is dependent on other factors, such as unions' access to the workplace and the centralization of bargaining.

Sano and Williamson argue that globalization's impact is conditional upon a country's labor history. In the United States in particular, which has traditionally had relatively low levels of union density, globalization did not appear to significantly affect union density.

Employer strategies

Illegal union firing [needs explanation] increased during the Reagan administration and has continued since.

Studies focusing more narrowly on the U.S. labor movement corroborate the comparative findings about the importance of structural factors, but tend to emphasize the effects of changing labor markets due to globalization to a greater extent. Bronfenbrenner notes that changes in the economy, such as increased global competition, capital flight, and the transitions from a manufacturing to a service economy and to a greater reliance on transitory and contingent workers, accounts for only a third of the decline in union density.

Bronfenbrenner claims that the federal government in the 1980s was largely responsible for giving employers the perception that they could engage in aggressive strategies to repress the formation of unions. Richard Freeman also points to the role of repressive employer strategies in reducing unionization, and highlights the way in which a state ideology of anti-unionism tacitly accepted these strategies

Goldfield writes that the overall effects of globalization on unionization in the particular case of the United States may be understated in econometric studies on the subject. He writes that the threat of production shifts reduces unions' bargaining power even if it does not eliminate them, and also claims that most of the effects of globalization on labor's strength are indirect. They are most present in change towards a neoliberal political context that has promoted the deregulation and privatization of some industries and accepted increased employer flexibility in labor markets.

Union responses to globalization

Studies done by Kate Bronfenbrenner at Cornell University show the adverse effects of globalization towards unions due to illegal threats of firing.

Regardless of the actual impact of market integration on union density or on workers themselves, organized labor has been engaged in a variety of strategies to limit the agenda of globalization and to promote labor regulations in an international context. The most prominent example of this has been the opposition of labor groups to free trade initiatives such as the North American Free Trade Agreement (NAFTA) and the Dominican Republic-Central American Free Trade Agreement (DR-CAFTA). In both cases, unions expressed strong opposition to the agreements, but to some extent pushed for the incorporation of basic labor standards in the agreement if one were to pass.

However, Mayer has written that it was precisely unions' opposition to NAFTA overall that jeopardized organized labor's ability to influence the debate on labor standards in a significant way. During Clinton's presidential campaign, labor unions wanted NAFTA to include a side deal to provide for a kind of international social charter, a set of standards that would be enforceable both in domestic courts and through international institutions. Mickey Kantor, then U.S. trade representative, had strong ties to organized labor and believed that he could get unions to come along with the agreement, particularly if they were given a strong voice in the negotiation process.

When it became clear that Mexico would not stand for this kind of an agreement, some critics from the labor movement would not settle for any viable alternatives. In response, part of the labor movement wanted to declare their open opposition to the agreement, and to push for NAFTA's rejection in Congress. Ultimately, the ambivalence of labor groups led those within the Administration who supported NAFTA to believe that strengthening NAFTA's labor side agreement too much would cost more votes among Republicans than it would garner among Democrats, and would make it harder for the United States to elicit support from Mexico.

Graubart writes that, despite unions' open disappointment with the outcome of this labor-side negotiation, labor activists, including the AFL-CIO have used the side agreement's citizen petition process to highlight ongoing political campaigns and struggles in their home countries. He claims that despite the relative weakness of the legal provisions themselves, the side-agreement has served a legitimizing functioning, giving certain social struggles a new kind of standing.

Transnational labor regulation

Unions have recently been engaged in a developing field of transnational labor regulation embodied in corporate codes of conduct. However, O'Brien cautions that unions have been only peripherally involved in this process, and remain ambivalent about its potential effects. They worry that these codes could have legitimizing effects on companies that do not actually live up to good practices, and that companies could use codes to excuse or distract attention from the repression of unions.

Braun and Gearhart note that although unions do participate in the structure of a number of these agreements, their original interest in codes of conduct differed from the interests of human rights and other non-governmental activists. Unions believed that codes of conduct would be important first steps in creating written principles that a company would be compelled to comply with in later organizing contracts, but did not foresee the establishment of monitoring systems such as the Fair Labor Association. These authors point out that are motivated by power, want to gain insider status politically and are accountable to a constituency that requires them to provide them with direct benefits.

In contrast, activists from the non-governmental sector are motivated by ideals, are free of accountability and gain legitimacy from being political outsiders. Therefore, the interests of unions are not likely to align well with the interests of those who draft and monitor corporate codes of conduct.

Arguing against the idea that high union wages necessarily make manufacturing uncompetitive in a globalized economy is labor lawyer Thomas Geoghegan. Busting

unions, in the U.S. manner, as the prime way of competing with China and other countries [does not work]. It's no accident that the social democracies, Sweden, France, and Germany, which kept on paying high wages, now have more industry than the U.S. or the UK. … [T]hat's what the U.S. and the UK did: they smashed the unions, in the belief that they had to compete on cost. The result? They quickly ended up wrecking their industrial base.

Unions have made some attempts to organize across borders. Eder observes that transnational organizing is not a new phenomenon but has been facilitated by technological change. Nevertheless, he claims that while unions pay lip service to global solidarity, they still act largely in their national self-interest. He argues that unions in the global North are becoming increasingly depoliticized while those in the South grow politically, and that global differentiation of production processes leads to divergent strategies and interests in different regions of the world. These structural differences tend to hinder effective global solidarity. However, in light of the weakness of international labor, Herod writes that globalization of production need not be met by a globalization of union strategies in order to be contained. Herod also points out that local strategies, such as the United Auto Workers' strike against General Motors in 1998, can sometimes effectively interrupt global production processes in ways that they could not before the advent of widespread market integration. Thus, workers need not be connected organizationally to others around the world to effectively influence the behavior of a transnational corporation.

Impact

A 2018 study in the Economic History Review found that the rise of labor unions in the 1930s and 1940s reduced income inequality. A 2020 study found that congressional representatives were more responsive to the interests of the poor in districts with higher unionization rates. Another 2020 study found an association between state level adoption of parental leave legislation and labor union strength.

A 2020 study in the American Journal of Political Science found that when white people obtain union membership, they become less racially resentful.

Equal opportunity

From Wikipedia, the free encyclopedia

Equal opportunity is a state of fairness in which individuals are treated similarly, unhampered by artificial barriers or prejudices or preferences, except when particular distinctions can be explicitly justified. The intent is that the important jobs in an organization should go to the people who are most qualified – persons most likely to perform ably in a given task – and not go to persons for reasons deemed arbitrary or irrelevant, such as circumstances of birth, upbringing, having well-connected relatives or friends, religion, sex, ethnicity, race, caste, or involuntary personal attributes such as disability, age, gender identity, or sexual orientation.

Chances for advancement should be open to everybody interested, such that they have "an equal chance to compete within the framework of goals and the structure of rules established". The idea is to remove arbitrariness from the selection process and base it on some "pre-agreed basis of fairness, with the assessment process being related to the type of position" and emphasizing procedural and legal means. Individuals should succeed or fail based on their own efforts and not extraneous circumstances such as having well-connected parents. It is opposed to nepotism and plays a role in whether a social structure is seen as legitimate. The concept is applicable in areas of public life in which benefits are earned and received such as employment and education, although it can apply to many other areas as well. Equal opportunity is central to the concept of meritocracy.

Differing political viewpoints

Equal opportunity for all: "We fight God when our Social System dooms the brilliant clever child of a poor man to the same level as his father", Admiral "Jacky" Fisher, Records (1919)

People with differing political viewpoints often view the concept differently. The meaning of equal opportunity is debated in fields such as political philosophy, sociology and psychology. It is being applied to increasingly wider areas beyond employment, including lending, housing, college admissions, voting rights and elsewhere. In the classical sense, equality of opportunity is closely aligned with the concept of equality before the law and ideas of meritocracy.

Generally, the terms equality of opportunity and equal opportunity are interchangeable, with occasional slight variations; the former has more of a sense of being an abstract political concept while "equal opportunity" is sometimes used as an adjective, usually in the context of employment regulations, to identify an employer, a hiring approach, or law. Equal opportunity provisions have been written into regulations and have been debated in courtrooms. It is sometimes conceived as a legal right against discrimination. It is an ideal which has become increasingly widespread in Western nations during the last several centuries and is intertwined with social mobility, most often with upward mobility and with rags to riches stories:

The coming President of France is the grandson of a shoemaker. The actual President is a peasant's son. His predecessor again began life in a humble way in the shipping business. There is surely equality of opportunity under the new order in the old nation.

Theory

Outline of the concept

In a factory setting, equality of opportunity is often seen as a procedural fairness along the lines of "if you assemble twice as many lamps, you'll be paid double" and in this sense the concept is in contrast to the concept of equality of outcome, which might require that all workers be paid similarly regardless of how many lamps they made

According to the Stanford Encyclopedia of Philosophy, the concept assumes that society is stratified with a diverse range of roles, some of which are more desirable than others. The benefit of equality of opportunity is to bring fairness to the selection process for coveted roles in corporations, associations, nonprofits, universities and elsewhere. According to one view, there is no "formal linking" between equality of opportunity and political structure, in the sense that there can be equality of opportunity in democracies, autocracies and in communist nations, although it is primarily associated with a competitive market economy and embedded within the legal frameworks of democratic societies. People with different political perspectives see equality of opportunity differently: liberals disagree about which conditions are needed to ensure it and many "old-style" conservatives see inequality and hierarchy in general as beneficial out of a respect for tradition. It can apply to a specific hiring decision, or to all hiring decisions by a specific company, or rules governing hiring decisions for an entire nation. The scope of equal opportunity has expanded to cover more than issues regarding the rights of minority groups, but covers practices regarding "recruitment, hiring, training, layoffs, discharge, recall, promotions, responsibility, wages, sick leave, vacation, overtime, insurance, retirement, pensions, and various other benefits".

The concept has been applied to numerous aspects of public life, including accessibility of polling stations, care provided to HIV patients, whether men and women have equal opportunities to travel on a spaceship, bilingual education, skin color of models in Brazil, television time for political candidates, army promotions, admittance to universities and ethnicity in the United States. The term is interrelated with and often contrasted with other conceptions of equality such as equality of outcome and equality of autonomy. Equal opportunity emphasizes the personal ambition and talent and abilities of the individual, rather than his or her qualities based on membership in a group, such as a social class or race or extended family. Further, it is seen as unfair if external factors that are viewed as being beyond the control of a person significantly influence what happens to him or her. Equal opportunity then emphasizes a fair process whereas in contrast equality of outcome emphasizes a fair outcome. In sociological analysis, equal opportunity is seen as a factor correlating positively with social mobility, in the sense that it can benefit society overall by maximizing well-being.

Different types

There are different concepts lumped under equality of opportunity.

Formal equality of opportunity is a lack of (unfair) direct discrimination. It requires that deliberate discrimination be relevant and meritocratic. For instance, job interviews should only discriminate against applicants for job incompetence. Universities should not accept a less-capable applicant instead of a more-capable applicant who can't pay tuition.

Substantive equality of opportunity is absence of indirect discrimination. It requires that society be fair and meritocratic. For instance, a person should not be more likely to die at work because they were born in a country with corrupt labor law enforcement. No one should have to drop out of school because their family needs of a full-time carer or wage earner.

Formal equality of opportunity does not imply substantive equality of opportunity. Firing any employee who gets pregnant is formally equal, but substantively it hurts women more.

Substantive inequality is often more difficult to address. A political party that formally allows anyone to join, but meets in a non-wheelchair-accessible building far from public transit, substantively discriminates against both young and old members as they are less likely to be able-bodied car-owners. However, if the party raises membership dues in order to afford a better building, it discourages poor members instead. A workplace in which it is difficult for persons with special needs and disabilities to perform can considered as a type of substantive inequality, although job restructuring activities can be done to make it easier for disabled persons to succeed. Grade-cutoff university admission is formally fair, but if in practice it overwhelmingly picks women and graduates of expensive user-fee schools, it is substantively unfair to men and the poor. The unfairness has already taken place and the university can choose to try to counterbalance it, but it likely can not single-handedly make pre-university opportunities equal. Social mobility and the Great Gatsby curve are often used as an indicator of substantive equality of opportunity.

Both equality concepts say that it is unfair and inefficient if extraneous factors rule people's lives. Both accept as fair inequality based on relevant, meritocratic factors. They differ in the scope of the methods used to promote them.

Formal equality of opportunity

Formal equality of opportunity is sometimes referred to as the nondiscrimination principle or described as the absence of direct discrimination, or described in the narrow sense as equality of access. It is characterized by:

  1. Open call. Positions bringing superior advantages should be open to all applicants and job openings should be publicized in advance giving applicants a "reasonable opportunity" to apply. Further, all applications should be accepted.
  2. Fair judging. Applications should be judged on their merits, with procedures designed to identify those best-qualified. The evaluation of the applicant should be in accord with the duties of the position and for the job opening of choir director, for example, the evaluation may judge applicants based on musical knowledge rather than some arbitrary criterion such as hair color.
  3. An application is chosen. The applicant judged as "most qualified" is offered the position while others are not. There is agreement that the result of the process is again unequal, in the sense that one person has the position while another does not, but that this outcome is deemed fair on procedural grounds.

The formal approach is seen as a somewhat basic "no frills" or "narrow" approach to equality of opportunity, a minimal standard of sorts, limited to the public sphere as opposed to private areas such as the family, marriage, or religion. What is considered "fair" and "unfair" is spelled out in advance. An expression of this version appeared in The New York Times: "There should be an equal opportunity for all. Each and every person should have as great or as small an opportunity as the next one. There should not be the unfair, unequal, superior opportunity of one individual over another."

The formal conception focuses on procedural fairness during the competition: are the hurdles the same height? (photo: athletes Ulrike Urbansky and Michelle Carey in Osaka)

This sense was also expressed by economists Milton and Rose Friedman in their 1980 book Free to Choose. The Friedmans explained that equality of opportunity was "not to be interpreted literally" since some children are born blind while others are born sighted, but that "its real meaning is ... a career open to the talents". This means that there should be "no arbitrary obstacles" blocking a person from realizing their ambitions: "Not birth, nationality, color, religion, sex, nor any other irrelevant characteristic should determine the opportunities that are open to a person – only his abilities".

A somewhat different view was expressed by John Roemer, who used the term nondiscrimination principle to mean that "all individuals who possess the attributes relevant for the performance of the duties of the position in question be included in the pool of eligible candidates, and that an individual's possible occupancy of the position be judged only with respect to those relevant attributes". Matt Cavanagh argued that race and sex should not matter when getting a job, but that the sense of equality of opportunity should not extend much further than preventing straightforward discrimination.

It is a relatively straightforward task for legislators to ban blatant efforts to favor one group over another and encourage equality of opportunity as a result. Japan banned gender-specific job descriptions in advertising as well as sexual discrimination in employment as well as other practices deemed unfair, although a subsequent report suggested that the law was having minimal effect in securing Japanese women high positions in management. In the United States, the Equal Employment Opportunity Commission sued a private test preparation firm, Kaplan, for unfairly using credit histories to discriminate against African Americans in terms of hiring decisions. According to one analysis, it is possible to imagine a democracy which meets the formal criteria (1 through 3), but which still favors wealthy candidates who are selected in free and fair elections.

Substantive equality of opportunity

Substantive equality of opportunity
 
The Great Gatsby Curve shows that countries with more equality of wealth also have more social mobility, which indicates that equality of wealth and equality of opportunity go together:

If higher inequality makes intergenerational mobility more difficult, it is likely because opportunities for economic advancement are more unequally distributed among children.

Substantive equality of opportunity, sometimes called fair equality of opportunity, is a somewhat broader and more expansive concept than the more limiting formal equality of opportunity and it deals with what is sometimes described as indirect discrimination. It goes farther and is more controversial than the formal variant; and has been thought to be much harder to achieve, with greater disagreement about how to achieve greater equality; and has been described as "unstable", particularly if the society in question is unequal to begin with in terms of great disparity of wealth. It has been identified as more of a left-leaning political position, but this is not a hard-and-fast rule. The substantive model is advocated by people who see limitations in the formal model:

Therein lies the problem with the idea of equal opportunity for all. Some people are simply better placed to take advantage of opportunity.

— Deborah Orr in The Guardian, 2009

There is little income mobility – the notion of America as a land of opportunity is a myth.

— Joseph E. Stiglitz, 2012

In the substantive approach, the starting point before the race begins is unfair since people have had differing experiences before even approaching the competition. The substantive approach examines the applicants themselves before applying for a position and judges whether they have equal abilities or talents; and if not, then it suggests that authorities (usually the government) take steps to make applicants more equal before they get to the point where they compete for a position and fixing the before-the-starting-point issues has sometimes been described as working towards "fair access to qualifications". It seeks to remedy inequalities perhaps because of an "unfair disadvantage" based sometimes on "prejudice in the past".

According to John Hills, children of wealthy and well-connected parents usually have a decisive advantage over other types of children and he notes that "advantage and disadvantage reinforce themselves over the life cycle, and often on to the next generation" so that successful parents pass along their wealth and education to succeeding generations, making it difficult for others to climb up a social ladder. However, so-called positive action efforts to bring an underprivileged person up to speed before a competition begins are limited to the period of time before the evaluation begins. At that point, the "final selection for posts must be made according to the principle the best person for the job", that is, a less qualified applicant should not be chosen over a more qualified applicant. There are also nuanced views too: one position suggested that the unequal results following a competition were unjust if caused by bad luck, but just if chosen by the individual and that weighing matters such as personal responsibility was important. This variant of the substantive model has sometimes been called luck egalitarianism. Regardless of the nuances, the overall idea is still to give children from less fortunate backgrounds more of a chance, or to achieve at the beginning what some theorists call equality of condition. Writer Ha-Joon Chang expressed this view:

We can accept the outcome of a competitive process as fair only when the participants have equality in basic capabilities; the fact that no one is allowed to have a head start does not make the race fair if some contestants have only one leg.

Issues about equal opportunity have been raised about the skin color of runway models at the São Paulo Fashion Week and in 2009 quotas requiring that at least 10 percent of models be "black or indigenous" were imposed as a substantive way to counteract a "bias towards white models", according to one account

In a sense, substantive equality of opportunity moves the "starting point" further back in time. Sometimes it entails the use of affirmative action policies to help all contenders become equal before they get to the starting point, perhaps with greater training, or sometimes redistributing resources via restitution or taxation to make the contenders more equal. It holds that all who have a "genuine opportunity to become qualified" be given a chance to do so and it is sometimes based on a recognition that unfairness exists, hindering social mobility, combined with a sense that the unfairness should not exist or should be lessened in some manner. One example postulated was that a warrior society could provide special nutritional supplements to poor children, offer scholarships to military academies and dispatch "warrior skills coaches" to every village as a way to make opportunity substantively more fair. The idea is to give every ambitious and talented youth a chance to compete for prize positions regardless of their circumstances of birth.

The substantive approach tends to have a broader definition of extraneous circumstances which should be kept out of a hiring decision. One editorial writer suggested that among the many types of extraneous circumstances which should be kept out of hiring decisions was personal beauty, sometimes termed "lookism":

Lookism judges individuals by their physical allure rather than abilities or merit. This naturally works to the advantage of people perceived to rank higher in the looks department. They get preferential treatment at the cost of others. Which fair, democratic system can justify this? If anything, lookism is as insidious as any other form of bias based on caste, creed, gender and race that society buys into. It goes against the principle of equality of opportunity.

The substantive position was advocated by Bhikhu Parekh in 2000 in Rethinking Multiculturalism, in which he wrote that "all citizens should enjoy equal opportunities to acquire the capacities and skills needed to function in society and to pursue their self-chosen goals equally effectively" and that "equalising measures are justified on grounds of justice as well as social integration and harmony". Parekh argued that equal opportunities included so-called cultural rights which are "ensured by the politics of recognition".

Affirmative action programs usually fall under the substantive category. The idea is to help disadvantaged groups get back to a normal starting position after a long period of discrimination. The programs involve government action, sometimes with resources being transferred from an advantaged group to a disadvantaged one and these programs have been justified on the grounds that imposing quotas counterbalances the past discrimination as well as being a "compelling state interest" in diversity in society. For example, there was a case in São Paulo in Brazil of a quota imposed on the São Paulo Fashion Week to require that "at least 10 percent of the models to be black or indigenous" as a coercive measure to counteract a "longstanding bias towards white models". It does not have to be accomplished via government action: for example, in the 1980s in the United States, President Ronald Reagan dismantled parts of affirmative action, but one report in the Chicago Tribune suggested that companies remained committed to the principle of equal opportunity regardless of government requirements. In another instance, upper-middle-class students taking the Scholastic Aptitude Test in the United States performed better since they had had more "economic and educational resources to prepare for these test than others". The test itself was seen as fair in a formal sense, but the overall result was seen as nevertheless unfair. In India, the Indian Institutes of Technology found that to achieve substantive equality of opportunity the school had to reserve 22.5 percent of seats for applicants from "historically disadvantaged schedule castes and tribes". Elite universities in France began a special "entrance program" to help applicants from "impoverished suburbs".

Equality of fair opportunity

Philosopher John Rawls offered this variant of substantive equality of opportunity and explained that it happens when individuals with the same "native talent and the same ambition" have the same prospects of success in competitions. Gordon Marshall offers a similar view with the words "positions are to be open to all under conditions in which persons of similar abilities have equal access to office". An example was given that if two persons X and Y have identical talent, but X is from a poor family while Y is from a rich one, then equality of fair opportunity is in effect when both X and Y have the same chance of winning the job. It suggests the ideal society is "classless" without a social hierarchy being passed from generation to generation, although parents can still pass along advantages to their children by genetics and socialization skills. One view suggests that this approach might advocate "invasive interference in family life". Marshall posed this question:

Does it demand that, however unequal their abilities, people should be equally empowered to achieve their goals? This would imply that the unmusical individual who wants to be a concert pianist should receive more training than the child prodigy.

Economist Paul Krugman agrees mostly with the Rawlsian approach in that he would like to "create the society each of us would want if we didn’t know in advance who we’d be". Krugman elaborated: "If you admit that life is unfair, and that there's only so much you can do about that at the starting line, then you can try to ameliorate the consequences of that unfairness".

Level playing field

The match's outcome is deemed legitimate if there is a level playing field and rules do not favor either player or team arbitrarily (photo: Cesc Fàbregas duels with Anderson in a football match in 2008)

Some theorists have posed a level playing field conception of equality of opportunity, similar in many respects to the substantive principle (although it has been used in different contexts to describe formal equality of opportunity) and it is a core idea regarding the subject of distributive justice espoused by John Roemer and Ronald Dworkin and others. Like the substantive notion, the level playing field conception goes farther than the usual formal approach. The idea is that initial "unchosen inequalities" – prior circumstances over which an individual had no control, but which impact his or her success in a given competition for a particular post – these unchosen inequalities should be eliminated as much as possible, according to this conception. According to Roemer, society should "do what it can to level the playing field so that all those with relevant potential will eventually be admissible to pools of candidates competing for positions". Afterwards, when an individual competes for a specific post, he or she might make specific choices which cause future inequalities – and these inequalities are deemed acceptable because of the previous presumption of fairness. This system helps undergird the legitimacy of a society's divvying up of roles as a result in the sense that it makes certain achieved inequalities "morally acceptable", according to persons who advocate this approach. This conception has been contrasted to the substantive version among some thinkers and it usually has ramifications for how society treats young persons in such areas as education and socialization and health care, but this conception has been criticized as well. John Rawls postulated the difference principle which argued that "inequalities are justified only if needed to improve the lot of the worst off, for example by giving the talented an incentive to create wealth".

Meritocracy

There is some overlap among these different conceptions with the term meritocracy which describes an administrative system which rewards such factors as individual intelligence, credentials, education, morality, knowledge or other criteria believed to confer merit. Equality of opportunity is often seen as a major aspect of a meritocracy. One view was that equality of opportunity was more focused on what happens before the race begins while meritocracy is more focused on fairness at the competition stage. The term meritocracy can also be used in a negative sense to refer to a system in which an elite hold themselves in power by controlling access to merit (via access to education, experience, or bias in assessment or judgment).

Moral senses

There is general agreement that equality of opportunity is good for society, although there are diverse views about how it is good since it is a value judgement. It is generally viewed as a positive political ideal in the abstract sense. In nations where equality of opportunity is absent, it can negatively impact economic growth, according to some views and one report in Al Jazeera suggested that Egypt, Tunisia and other Middle Eastern nations were stagnating economically in part because of a dearth of equal opportunity. The principle of equal opportunity can conflict with notions of meritocracy in circumstances in which individual differences in human abilities are believed to be determined mostly by genetics as in such circumstances there can be conflict about how to achieve fairness in such situations.

Practical considerations

Difficulties with implementation

There is general agreement that programs to bring about certain types of equality of opportunity can be difficult and that efforts to cause one result often have unintended consequences or cause other problems. There is agreement that the formal approach is easier to implement than the others, although there are difficulties there too.

A government policy that requires equal treatment can pose problems for lawmakers. A requirement for government to provide equal health care services for all citizens can be prohibitively expensive. If government seeks equality of opportunity for citizens to get health care by rationing services using a maximization model to try to save money, new difficulties might emerge. For example, trying to ration health care by maximizing the "quality-adjusted years of life" might steer monies away from disabled persons even though they may be more deserving, according to one analysis. In another instance, BBC News questioned whether it was wise to ask female army recruits to undergo the same strenuous tests as their male counterparts since many women were being injured as a result.

Age discrimination can present vexing challenges for policymakers trying to implement equal opportunity. According to several studies, attempts to be equally fair to both a young and an old person are problematic because the older person has presumably fewer years left to live and it may make more sense for a society to invest greater resources in a younger person's health. Treating both persons equally while following the letter of the equality of opportunity seems unfair from a different perspective.

Efforts to achieve equal opportunity along one dimension can exacerbate unfairness in other dimensions. For example, take public bathrooms: if for the sake of fairness the physical area of men's and women's bathrooms is equal, the overall result may be unfair since men can use urinals, which require less physical space. In other words, a more fair arrangement may be to allot more physical space for women's restrooms. The sociologist Harvey Holotch explained: "By creating men's and women's rooms of the same size, society guarantees that individual women will be worse off than individual men."

Another difficulty is that it is hard for a society to bring substantive equality of opportunity to every type of position or industry. If a nation focuses efforts on some industries or positions, then people with other talents may be left out. For example, in an example in the Stanford Encyclopedia of Philosophy, a warrior society might provide equal opportunity for all kinds of people to achieve military success through fair competition, but people with non-military skills such as farming may be left out.

Lawmakers have run into problems trying to implement equality of opportunity. In 2010 in Britain, a legal requirement "forcing public bodies to try to reduce inequalities caused by class disadvantage" was scrapped after much debate and replaced by a hope that organizations would try to focus more on "fairness" than "equality" as fairness is generally seen as a much vaguer concept than equality, but easier for politicians to manage if they are seeking to avoid fractious debate. In New York City, mayor Ed Koch tried to find ways to maintain the "principle of equal treatment" while arguing against more substantive and abrupt transfer payments called minority set-asides.

Equal opportunity issues are discussed at an army roundtable in Alabama

Many countries have specific bodies tasked with looking at equality of opportunity issues. In the United States, for example, it is the Equal Employment Opportunity Commission; in Britain, there is the Equality of Opportunity Committee as well as the Equality and Human Rights Commission; in Canada, the Royal Commission on the Status of Women has "equal opportunity as its precept"; and in China, the Equal Opportunities Commission handles matters regarding ethnic prejudice. In addition, there have been political movements pushing for equal treatment, such as the Women's Equal Opportunity League which in the early decades of the twentieth century, pushed for fair treatment by employers in the United States. One of the group's members explained:

I am not asking for sympathy but for an equal right with men to earn my own living in the best way open and under the most favorable conditions that I could choose for myself.

Global initiatives such as the United Nations Sustainable Development Goal 5 and Goal 10 are also aimed at ensuring equal opportunities for women at all levels of decision making, and reducing inequalities of outcome.

Difficulties with measurement

The consensus view is that trying to measure equality of opportunity is difficult whether examining a single hiring decision or looking at groups over time.

  • Single instance. It is possible to reexamine the procedures governing a specific hiring decision, see if they were followed and re-evaluate the selection by asking questions such as "Was it fair? Were fair procedures followed? Was the best applicant selected?". This is a judgment call and it is possible that biases may enter into the minds of decision-makers. The determination of equality of opportunity in such an instance is based on mathematical probability: if equality of opportunity is in effect, then it is seen as fair if each of two applicants has a 50 per cent chance of winning the job, that is, they both have equal chances to succeed (assuming of course that the person making the probability assessment is unaware of all variables – including valid ones such as talent or skill as well as arbitrary ones such as race or gender). However, it is hard to measure whether each applicant had in fact a 50 per cent chance based on the outcome.
  • Groups. When assessing equal opportunity for a type of job or company or industry or nation, then statistical analysis is often done by looking at patterns and abnormalities, typically comparing subgroups with larger groups on a percentage basis. If equality of opportunity is violated, perhaps by discrimination which affects a subgroup or population over time, it is possible to make this determination using statistical analysis, but there are numerous difficulties involved. Nevertheless, entities such as city governments and universities have hired full-time professionals with knowledge of statistics to ensure compliance with equal opportunity regulations. For example, Colorado State University requires their director of its Office of Equal Opportunity to maintain extensive statistics on its employees by job category as well as minorities and gender. In Britain, Aberystwyth University collects information including the "representation of women, men, members of racial or ethnic minorities and people with disabilities amongst applicants for posts, candidates interviewed, new appointments, current staff, promotions and holders of discretionary awards" to comply with equal opportunity laws.

It is difficult to prove unequal treatment although statistical analysis can provide indications of problems, but it is subject to conflicts over interpretation and methodological issues. For example, a study in 2007 by the University of Washington examined its own treatment of women. Researchers collected statistics about female participation in numerous aspects of university life, including percentages of women with full professorships (23 per cent), enrollment in programs such as nursing (90 per cent) and engineering (18 per cent). There is wide variation in how these statistics might be interpreted. For example, the 23 per cent figure for women with full professorships could be compared to the total population of women (presumably 50 per cent) perhaps using census data, or it might be compared to the percentage of women with full professorships at competing universities. It might be used in an analysis of how many women applied for the position of full professor compared to how many women attained this position. Further, the 23 per cent figure could be used as a benchmark or baseline figure as part of an ongoing longitudinal analysis to be compared with future surveys to track progress over time. In addition, the strength of the conclusions is subject to statistical issues such as sample size and bias. For reasons such as these, there is considerable difficulty with most forms of statistical interpretation.

A computerized statistical analysis suggested nepotism and a practice of unequal opportunity within Italy's academic community (photo: University of Bari)

Statistical analysis of equal opportunity has been done using sophisticated examinations of computer databases. An analysis in 2011 by University of Chicago researcher Stefano Allesina examined 61,000 names of Italian professors by looking at the "frequency of last names", doing one million random drawings and he suggested that Italian academia was characterized by violations of equal opportunity practices as a result of these investigations. The last names of Italian professors tended to be similar more often than predicted by random chance. The study suggested that newspaper accounts showing that "nine relatives from three generations of a single family (were) on the economics faculty" at the University of Bari were not aberrations, but indicated a pattern of nepotism throughout Italian academia.

There is support for the view that often equality of opportunity is measured by the criteria of equality of outcome, although with difficulty. In one example, an analysis of relative equality of opportunity was done based on outcomes, such as a case to see whether hiring decisions were fair regarding men versus women—the analysis was done using statistics based on average salaries for different groups. In another instance, a cross-sectional statistical analysis was conducted to see whether social class affected participation in the United States Armed Forces during the Vietnam War: a report in Time by the Massachusetts Institute of Technology suggested that soldiers came from a variety of social classes and that the principle of equal opportunity had worked, possibly because soldiers had been chosen by a lottery process for conscription. In college admissions, equality of outcome can be measured directly by comparing offers of admission given to different groups of applicants: for example, there have been reports in newspapers of discrimination against Asian Americans regarding college admissions in the United States which suggest that Asian American applicants need higher grades and test scores to win admission to prestigious universities than other ethnic groups.

Marketplace considerations

Equal opportunity has been described as a fundamental basic notion in business and commerce and described by economist Adam Smith as a basic economic precept. There has been research suggesting that "competitive markets will tend to drive out such discrimination" since employers or institutions which hire based on arbitrary criteria will be weaker as a result and not perform as well as firms which embrace equality of opportunity. Firms competing for overseas contracts have sometimes argued in the press for equal chances during the bidding process, such as when American oil corporations wanted equal shots at developing oil fields in Sumatra; and firms, seeing how fairness is beneficial while competing for contracts, can apply the lesson to other areas such as internal hiring and promotion decisions. A report in USA Today suggested that the goal of equal opportunity was "being achieved throughout most of the business and government labor markets because major employers pay based on potential and actual productivity".

Fair opportunity practices include measures taken by an organization to ensure fairness in the employment process. A basic definition of equality is the idea of equal treatment and respect. In job advertisements and descriptions, the fact that the employer is an equal opportunity employer is sometimes indicated by the abbreviations EOE or MFDV, which stands for Minority, Female, Disabled, Veteran. Analyst Ross Douthat in The New York Times suggested that equality of opportunity depends on a rising economy which brings new chances for upward mobility and he suggested that greater equality of opportunity is more easily achieved during "times of plenty". Efforts to achieve equal opportunity can rise and recede, sometimes as a result of economic conditions or political choices. Empirical evidence from public health research also suggests that equality of opportunity is linked to better health outcomes in the United States and Europe.

History

According to professor David Christian of Macquarie University, an underlying Big History trend has been a shift from seeing people as resources to exploit towards a perspective of seeing people as individuals to empower. According to Christian, in many ancient agrarian civilizations, roughly nine of every ten persons was a peasant exploited by a ruling class. In the past thousand years, there has been a gradual movement in the direction of greater respect for equal opportunity as political structures based on generational hierarchies and feudalism broke down during the late Middle Ages and new structures emerged during the Renaissance. Monarchies were replaced by democracies: kings were replaced by parliaments and congresses. Slavery was also abolished generally. The new entity of the nation state emerged with highly specialized parts, including corporations, laws and new ideas about citizenship as well as values about individual rights found expression in constitutions, laws and statutes.

African-American civil rights lawyer Thurgood Marshall fought numerous battles in the courts for equal opportunity for all races in the United States; argued the 1954 Brown v. Board of Education case and won; and in 1967 was appointed to the Supreme Court

In the United States, one legal analyst suggested that the real beginning of the modern sense of equal opportunity was in the Fourteenth Amendment which provided "equal protection under the law". The amendment did not mention equal opportunity directly, but it helped undergird a series of later rulings which dealt with legal struggles, particularly by African Americans and later women, seeking greater political and economic power in the growing republic. In 1933, a congressional "Unemployment Relief Act" forbade discrimination "on the basis of race, color, or creed". The Supreme Court's 1954 Brown v. Board of Education decision furthered government initiatives to end discrimination.

In 1961, President John F. Kennedy signed Executive Order 10925 which enabled a presidential committee on equal opportunity, which was soon followed by President Lyndon B. Johnson's Executive Order 11246. The Civil Rights Act of 1964 became the legal underpinning of equal opportunity in employment. Businesses and other organizations learned to comply with the rulings by specifying fair hiring and promoting practices and posting these policy notices on bulletin boards, employee handbooks and manuals as well as training sessions and films. Courts dealt with issues about equal opportunity, such as the 1989 Wards Cove decision, the Supreme Court ruled that statistical evidence by itself was insufficient to prove racial discrimination. The Equal Employment Opportunity Commission was established, sometimes reviewing charges of discrimination cases which numbered in the tens of thousands annually during the 1990s. Some law practices specialized in employment law. Conflict between formal and substantive approaches manifested itself in backlashes, sometimes described as reverse discrimination, such as the Bakke case when a white male applicant to medical school sued on the basis of being denied admission because of a quota system preferring minority applicants. In 1990, the Americans with Disabilities Act prohibited discrimination against disabled persons, including cases of equal opportunity. In 2008, the Genetic Information Nondiscrimination Act prevents employers from using genetic information when hiring, firing, or promoting employees.

Measures

Many economists measure the degree of equal opportunity with measures of economic mobility. For instance, Joseph Stiglitz asserts that with five economic divisions and full equality of opportunity, "20 percent of those in the bottom fifth would see their children in the bottom fifth. Denmark almost achieves that – 25 percent are stuck there. Britain, supposedly notorious for its class divisions, does only a little worse (30 percent). That means they have a 70 percent chance of moving up. The chances of moving up in America, though, are markedly smaller (only 58 percent of children born to the bottom group make it out), and when they do move up, they tend to move up only a little". Similar analyses can be performed for each economic division and overall. They all show how far from the ideal all industrialized nations are and how correlated measures of equal opportunity are with income inequality and wealth inequality. Equal opportunity has ramifications beyond income; the American Human Development Index, rooted in the capabilities approach pioneered by Amartya Sen, is used to measure opportunity across geographies in the U.S. using health, education and standard of living outcomes.

Criticism

There is agreement that the concept of equal opportunity lacks a precise definition. While it generally describes "open and fair competition" with equal chances for achieving sought-after jobs or positions as well as an absence of discrimination, the concept is elusive with a "wide range of meanings". It is hard to measure, and implementation poses problems as well as disagreements about what to do.

There have been various criticisms directed at both the substantive and formal approach. One account suggests that left-leaning thinkers who advocate equality of outcome fault even formal equality of opportunity on the grounds that it "legitimates inequalities of wealth and income". John W. Gardner suggested several views: (1) that inequalities will always exist regardless of trying to erase them; (2) that bringing everyone "fairly to the starting line" without dealing with the "destructive competitiveness that follows"; (3) any equalities achieved will entail future inequalities. Substantive equality of opportunity has led to concerns that efforts to improve fairness "ultimately collapses into the different one of equality of outcome or condition".

Economist Larry Summers advocated an approach of focusing on equality of opportunity and not equality of outcomes and that the way to strengthen equal opportunity was to bolster public education. A contrasting report in The Economist criticized efforts to contrast equality of opportunity and equality of outcome as being opposite poles on a hypothetical ethical scale, such that equality of opportunity should be the "highest ideal" while equality of outcome was "evil". Rather, the report argued that any difference between the two types of equality was illusory and that both terms were highly interconnected. According to this argument, wealthier people have greater opportunities – wealth itself can be considered as "distilled opportunity" – and children of wealthier parents have access to better schools, health care, nutrition and so forth. Accordingly, people who endorse equality of opportunity may like the idea of it in principle, yet at the same time they would be unwilling to take the extreme steps or "titanic interventions" necessary to achieve real intergenerational equality. A slightly different view in The Guardian suggested that equality of opportunity was merely a "buzzword" to sidestep the thornier political question of income inequality.

There is speculation that since equality of opportunity is only one of sometimes competing "justice norms", there is a risk that following equality of opportunity too strictly might cause problems in other areas. A hypothetical example was suggested: suppose wealthier people gave excessive amounts of campaign contributions; suppose further that these contributions resulted in better regulations; and then laws limiting such contributions on the basis of equal opportunity for all political participants may have the unintended long term consequence of making political decision-making lackluster and possibly hurting the groups that it was trying to protect. Philosopher John Kekes makes a similar point in his book The Art of Politics in which he suggests that there is a danger to elevating any one particular political good – including equality of opportunity – without balancing competing goods such as justice, property rights and others. Kekes advocated having a balanced perspective, including a continuing dialog between cautionary elements and reform elements. A similar view was expressed by Ronald Dworkin in The Economist:

It strikes us as wrong – or not obviously right – that some people starve while others have private jets. We are uncomfortable when university professors earn less, for example, than junior lawyers. But equality appears to pull against other important ideals such as liberty and efficiency.

Economist Paul Krugman sees equality of opportunity as a "non-Utopian compromise" which works and is a "pretty decent arrangement" which varies from country to country. However, there are differing views such as by Matt Cavanagh, who criticised equality of opportunity in his 2002 book Against Equality of Opportunity. Cavanagh favored a limited approach of opposing specific kinds of discrimination as steps to help people get greater control over their lives.

Conservative thinker Dinesh D'Souza criticized equality of opportunity on the basis that "it is an ideal that cannot and should not be realized through the actions of the government" and added that "for the state to enforce equal opportunity would be to contravene the true meaning of the Declaration and to subvert the principle of a free society". D'Souza described how his parenting undermined equality of opportunity:

I have a five-year-old daughter. Since she was born ... my wife and I have gone to great lengths in the Great Yuppie Parenting Race. ... My wife goes over her workbooks. I am teaching her chess. Why are we doing these things? We are, of course, trying to develop her abilities so that she can get the most out of life. The practical effect of our actions, however, is that we are working to give our daughter an edge – that is, a better chance to succeed than everybody else's children. Even though we might be embarrassed to think of it this way, we are doing our utmost to undermine equal opportunity. So are all the other parents who are trying to get their children into the best schools ...

Equal opportunity theorists generally agree that once the race begins, who wins is a function of talent, hard work and competitive drive (photo: runner Billy Mills crossing the finish line in the 1964 Olympics)

D'Souza argued that it was wrong for government to try to bring his daughter down, or to force him to raise up other people's children, but a counterargument is that there is a benefit to everybody, including D'Souza's daughter, to have a society with less anxiety about downward mobility, less class resentment and less possible violence.

An argument similar to D'Souza's was raised in Anarchy, State, and Utopia by Robert Nozick, who wrote that the only way to achieve equality of opportunity was "directly worsening the situations of those more favored with opportunity, or by improving the situation of those less well-favored". Nozick gave an argument of two suitors competing to marry one "fair lady": X was plain while Y was better looking and more intelligent. If Y did not exist, then "fair lady" would have married X, but Y exists and so she marries Y. Nozick asks: "Does suitor X have a legitimate complaint against Y on the basis of unfairness since Y did not earn his good looks or intelligence?". Nozick suggests that there is no grounds for complaint. Nozick argued against equality of opportunity on the grounds that it violates the rights of property since the equal opportunity maxim interferes with an owner's right to do what he or she pleases with a property.

Property rights were a major component of the philosophy of John Locke and are sometimes referred to as "Lockean rights". The sense of the argument is along these lines: equal opportunity rules regarding, say, a hiring decision within a factory, made to bring about greater fairness, violate a factory owner's rights to run the factory as he or she sees best; it has been argued that a factory owner's right to property encompasses all decision-making within the factory as being part of those property rights. That some people's "natural assets" were unearned is irrelevant to the equation according to Nozick and he argued that people are nevertheless entitled to enjoy these assets and other things freely given by others.

Friedrich Hayek felt that luck was too much of a variable in economics, such that one can not devise a system with any kind of fairness when many market outcomes are unintended. By sheer chance or random circumstances, a person may become wealthy just by being in the right place and time and Hayek argued that it is impossible to devise a system to make opportunities equal without knowing how such interactions may play out. Hayek saw not only equality of opportunity, but all of social justice as a "mirage".

Some conceptions of equality of opportunity, particularly the substantive and level playing field variants, have been criticized on the basis that they make assumptions to the effect that people have similar genetic makeups. Other critics have suggested that social justice is more complex than mere equality of opportunity. Nozick made the point that what happens in society can not always be reduced to competitions for a coveted position and in 1974 wrote that "life is not a race in which we all compete for a prize which someone has established", that there is "no unified race" and there is not some one person "judging swiftness".

Introduction to entropy

From Wikipedia, the free encyclopedia https://en.wikipedia.org/wiki/Introduct...